The Governor plays a crucial role as the constitutional and executive head of the state, akin to the President but without emergency or military powers. This paper examines the Governor’s authority to summon and prorogue legislative sessions, focusing on the influence of the council of ministers in these decisions.
The Governor's powers are defined under various commission reports like the Punchi Commission and Sarkaria Commission. This paper delves into the scope of the Governor’s discretionary powers, which are limited in nature.
The summoning of legislative sessions follows a strict protocol initiated by the cabinet or Chief Minister. Once the Speaker agrees to a set date, the request is forwarded to the Governor for formal approval. While the Governor can suggest changes, the final decision lies with the government.
Instances from Rajasthan and Kerala highlight conflicts where Governors refused requests from Chief Ministers to summon legislative sessions, raising questions on constitutional boundaries and discretionary powers.
Articles 174 and 163 of the Indian Constitution outline the Governor’s authority to summon and prorogue sessions, emphasizing the role of the council of ministers in advising the Governor.
Legal cases like the Arunachal Pradesh Speaker’s case underscore that Governors must act on the advice of the council of ministers, except under specific circumstances where government stability is in question.
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