Assessing the Governor’s role in calling an Assembly session

Context

• The Kerala Governor has turned down the state government’s Cabinet request to summon a special sitting of the Assembly to debate the new three central farm laws.

Who can summon a session of the Assembly?

• Article 163 says that it is the Governor’s prerogative to summon the House and Governor is required to act on the “aid and advice” of the Cabinet.
• According to the Article 174 of the Constitution, the Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.
• So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.
• The provision also puts on the Governor the responsibility of ensuring that the House is summoned at least once every six months.

Can the Governor refuse the aid and advice of the Cabinet?

• When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.

Can it be challenged?                   

• The actions of the Governor, when using his discretionary powers can be challenged in court.

What Courts had to say?

• A number of rulings by the Supreme Court has settled the position that the Governor cannot refuse the request of a Cabinet that enjoys majority in the House unless it is patently unconstitutional.

What happens if the Kerala government insists on holding the special session?

• Since the Governor’s powers are limited with regard to summoning the House, there can be no legal ground to deny a request for summoning the session.