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Indian Constitution & Polity - Coggle Diagram
Indian Constitution & Polity
Article 174 of the Constitution
Article 174
governor responsibility of ensure
house is summoned
atleast once 6-months
governor think which place and time fit
Governor shall not intervene
Article 174 (2) (a)
Governor may from "time-to-time"
prorogue the House
Article 174 (2) (b)
Allow governor to
dissolve the legislative Assembly
Nabam Rebia Judgment, 2016
SC verdict on consti crisis in Arunachal Pradesh
governor can Summon, Prorogue,& Dissolve (SPD) the House
only on aid and advice of the council of ministers (CoM) - Art 163
not at his own discretion
with the CM as the head
5 judge consti bench judgement
power to summon
the house is a function of governor
not power he enjoys
Governor under Article 174 (Confidence)
when CM and CoM have confidence of the House
SPD the house with consonance, aid and advice of the CM
Precluded (from taking)
from taking an Individual call
own will or his own discretion
Governor under Article 174 (Lost-Confidence)
When CM and CoM lost confidence of the House
Open to governor to exercise the power
without any aid and advice
challenged in court
Governor Powers
bound to convene
meeting of the Assembly
for a floor test
recommendation of the cabinet
Parliamentary democracy
formal head of the state
should not enlarge his power
through real executive (CoM)
Article 163
should not give power
to act against or without
advice of his CoM
exception
only consti allow things
governor carry out those functions
Discretionary Powers
limited to specified areas
giving assent or withholding a bill
appointment of CM
dismissal of govt after lost of confidence
caution
Governor's choice of action
should not be arbitrary or fanciful
should be actuated by good faith and reason
Floor test
motion initiated by govt
to prove majority
on the legislative Assembly´s floor
CM appointed by the Governor asked
The 21 Day Rule
In 1969
Rule committee of Lok Sabha
recommended gap
btw date of summon and commencement
house should be 21 days
constitution does not provide this rule
not an inflexible rule
Unless Speaker decides
Govt feel emergency, convene the house at shorter notice
Later Parliament changed to 15 days