Article 174 of CoI : Article 174: Sessions of the State Legislature, prorogation and dissolution.
CoI
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Explanation using Example
Example 1:
Scenario: The Legislative Assembly of the State of Maharashtra has just concluded its budget session on March 31st, 2023.
Application of Article 174:
- The Governor of Maharashtra must ensure that the next session of the Legislative Assembly is convened within six months, i.e., by September 30th, 2023. This is to ensure that there is no gap of more than six months between two sessions of the Legislative Assembly.
- The Governor decides to summon the next session on August 1st, 2023, at the Vidhan Bhavan in Mumbai.
Outcome: The Governor's action complies with Article 174(1) as the next session is convened within the six-month period.
Example 2:
Scenario: The Legislative Assembly of the State of Karnataka is currently in session, but due to political instability, the ruling party loses its majority.
Application of Article 174:
- The Governor of Karnataka, assessing the situation, decides to prorogue the current session of the Legislative Assembly to prevent further chaos and allow time for political negotiations.
- After a few weeks, the political situation does not improve, and the Governor decides to dissolve the Legislative Assembly to pave the way for fresh elections.
Outcome: The Governor's actions of proroguing the session and subsequently dissolving the Legislative Assembly are in accordance with Article 174(2)(a) and 174(2)(b), respectively. This allows for the resolution of the political crisis through new elections.