Dissolution of State Legislative Assembly

By /

Why in News?

A petition before the Manipur High Court questions the Governor’s handling of Assembly sittings in light of the six-month mandate under Article 174, and examines the constitutional distinction between Dissolution of State Legislative Assembly and its placement under suspended animation following President’s Rule.

Description:

Key Constitutional Concepts:

  • Summoning (Article 174): The Governor must summon the Legislative Assembly; the gap between two sessions cannot exceed six months.
  • Dissolution (Article 174(2)(b)): Termination of the Assembly before completion of its five-year term.
  • Suspended Animation: A constitutional practice during President’s Rule (Article 356) where the Assembly is kept in abeyance—neither functioning nor dissolved.
  • President’s Rule (Article 356): Imposed when constitutional machinery in a State fails; Assembly may be suspended or dissolved subject to constitutional safeguards.

Constitutional Framework:

ProvisionSubjectCore Requirement
Article 174(1)Sessions of LegislatureMaximum 6-month gap between two sessions
Article 174(2)(b)Governor’s PowerMay dissolve the Assembly
Article 172Duration5 years unless dissolved earlier
Article 356President’s RuleAssembly may be suspended or dissolved

Manipur Timeline (2024–2025):

  • 12 Aug 2024: Last sitting of the Manipur Legislative Assembly
  • 24 Jan 2025: Governor summons Assembly for 11 Feb, later declares the order null and void
  • 09 Feb 2025: Chief Minister resigns
  • 11 Feb 2025: Six-month constitutional deadline under Article 174 expires
  • 13 Feb 2025: President’s Rule imposed; Assembly kept under suspended animation

Core Constitutional Issues (Under Judicial Consideration):

  1. Whether Article 174 creates a mandatory constitutional obligation to hold a session within six months so long as the Assembly legally exists.
  2. Whether executive or gubernatorial action can indirectly extend the inter-session gap beyond six months.
  3. Whether suspension of the Assembly under President’s Rule can operate without violating mandatory constitutional timelines.

Judicial & Constitutional Principles:

AuthorityPrinciple Established
S.R. Bommai (1994)Governor’s discretion is not absolute; actions under Article 356 are subject to judicial review; floor test is the preferred method to determine majority
Rameshwar Prasad (2006)Dissolution of Assembly must not be arbitrary or mala fide; cannot be based on conjecture or political suspicion
79th Law Commission ReportAssembly may be kept in suspended animation, but dissolution during President’s Rule requires Parliamentary approval

Governance Implications:

  • The Governor’s powers relating to Assembly sessions and dissolution are constitutionally limited and reviewable.
  • Suspended animation is generally preferred as an interim measure, but it cannot be used to defeat mandatory constitutional requirements.
  • Article 174 acts as a safeguard against prolonged executive governance without legislative oversight.

La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.

FOLLOW US ON:

◉ YouTube : https://www.youtube.com/@CivilsPrepTeam

◉ Facebook: https://www.facebook.com/LaExcellenceIAS

◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/

GET IN TOUCH:

Contact us at info@laex.in, https://laex.in/contact-us/

or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140

OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020

Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524,  Rangareddy Hyderabad, Telangana 500081

Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040

Scroll to Top