No Governor’s assent; Manipur Assembly session a non-starter

Relevance: GS2: Indian constitution, Role of Governor; Issues and challenges pertaining to the federal structure; Parliament and State legislatures

(Source: The Hindu, 08/22/23)

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Why in the news?

• A special session of the 60-member Manipur state Assembly to address the recent ethnic violence was not held.
• More than a month before the ethnic riots between the tribal Kuki and the non-tribal Meitei groups, the State Assembly's most recent session was adjourned sine die..
• It is more proof of the "breakdown" of the constitutional machinery in the violence hit state.

Why does the governor refuse to summon a session?

• The recommendation of the Council of Ministers to call the Manipur Legislative Assembly was not followed, which shows how serious the situation engulfing the state is.
• Even though the Cabinet recommended, the Governor did not issue the notification convening the House. The delay in releasing the announcement by Raj Bhavan is apparently owing to the State's political and law and order circumstances.
• Legislators of Kuki ethnicity have voiced their inability to attend the Assembly session owing to the existing situation, as violence persists in sections of the state.
• It seems improbable that the Governor is uninformed of the constitutional position that He/she is obligated by the recommendation of the government when convening the Assembly. The Constitution Bench made this statement in Nabam Rebia (2016).
• Whether the Governor is driven by his/her own judgement or the Union government's appraisal of the circumstances, it is difficult to justify the failure to conduct the Assembly session as requested by the Council of Ministers.

Provisions Related to Governor’s Role in Calling an Assembly Session

• Article 174: It states that the Governor may summon the House or each House of the State Legislature to assemble at any time and location he deems appropriate.
  • The Governor is also charged with ensuring that the House is called at least once every six months, according to the article.
• Article 163: Although summoning the House is the Governor's prerogative, Article 163 requires the Governor to act on the "aid and advice" of the Cabinet.
  • So, when the Governor summons the House under Article 174, it is not at his or her own initiative, but on the advice and recommendation of the Cabinet.

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FAQs

MCQs

Question: With reference to the Legislative Assembly of a State in India, consider the following statements: (UPSC 2019)

1. The Governor makes a customary address to members of the house at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on the particular matter, it follows the Lok Sabha rule on that matter.

Which of the following statements given above is/are correct?

(a)1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Question: Consider the following statements: (UPSC 2018)

1. No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/ are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2