Who has the power to recommend the dismissal of the state government and suspension or dissolution of the state assembly?
Governor
The question asks who among the given options has the authority to recommend the dismissal of a state government and the suspension or dissolution of the state legislative assembly. This is a key aspect of the constitutional framework governing the relationship between the Union and the States in India.
Let's examine the roles of the individuals mentioned in the options:
According to Article 356 of the Indian Constitution, if the President is satisfied, based on a report from the Governor of a state or otherwise, that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution, the President may impose President's Rule in that state. This involves the President assuming the functions of the state government and the powers of the Governor, and the President may also declare that the powers of the state legislature shall be exercisable by or under the authority of Parliament.
The Governor's report is often the basis for invoking Article 356. Therefore, the Governor plays a crucial role by assessing the constitutional situation in the state and recommending to the President the need for dismissal of the state government and suspension or dissolution of the state assembly.
Here is a quick comparison of the roles concerning state government stability:
| Authority | Role in State Government/Assembly Stability |
|---|---|
| Governor | Constitutional head of state; can report to the President if the state government cannot function constitutionally; this report can lead to President's Rule, dismissal of state government, and suspension/dissolution of assembly. Holds the power to recommend this action. |
| Prime Minister | Head of Union government; advises the President, but the direct recommendation from within the state comes from the Governor. |
| Speaker of Legislative Assembly | Presides over the assembly; no role in dismissing the government or recommending assembly dissolution. |
| Chief Minister | Head of state government; can advise the Governor on dissolving the assembly (under normal circumstances), but doesn't recommend the dismissal of their own government under Article 356. |
Based on the constitutional provisions, the Governor is the authority who recommends to the President the action of dismissing the state government and suspending or dissolving the state assembly when constitutional machinery breaks down.
The power to recommend the dismissal of the state government and suspension or dissolution of the state assembly rests with the Governor of the state. This recommendation is made to the President of India, usually under the provisions of Article 356 of the Constitution.
| Office | Key Role | Power Regarding State Dismissal/Dissolution |
|---|---|---|
| Governor | Constitutional head of State | Can recommend President's Rule (dismissal of government, suspension/dissolution of assembly) to the President. |
| Chief Minister | Head of State Government | Advises Governor, but doesn't recommend dismissal under Article 356. |
| Speaker | Presiding Officer of Assembly | Manages assembly proceedings, no power over dismissal/dissolution. |
| Prime Minister | Head of Union Government | Advises President, but primary state report comes from Governor. |
President's Rule is a measure taken when the constitutional machinery in a state fails. The Governor's report is a critical input for the President to make this determination under Article 356. This power of the Governor is significant as it can lead to the temporary suspension of the elected state government and legislature. The President's decision to impose President's Rule must be approved by both Houses of Parliament within a specified period.
Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under:
1. the Government of India.
2. any State Government.
Select the correct answer using the code given below:
Which State Assembly passed the resolution on Sarna Code in November 2020?
Which of the following Articles of the Indian Constitution provides for a bicameral Parliament of India?
The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall NOT exceed __________ of the total number of members of the Legislative Assembly of that State.
Which of the following statements are correct regarding composition of the State Legislative Council?
A. The maximum strength of the Council is fixed at one-third of the total strength of the Assembly.
B. The minimum strength of the Council is fixed at 40.
C. A total of \(\frac{5}{6}\) of the total number of members of a Legislative Council are indirectly elected and \(\frac{1}{6}\) members are nominated.
D. The nominations (nominated members) made by the Governor can be challenged in the court.