Sessions, Prorogation and Dissolution of the State Legislature (Article 174)

At a Glance

• What it is How the state legislature meets and ends its sittings
• Article Article 174
• Summoned by The Governor
• Gap Not more than six months between sessions
• Exam link UPSC Prelims, Polity: State Legislature

Where Does It Fit?

This is the fifth topic of the category on the State Legislature. The rules for sessions mirror those in Parliament, with the Governor in the place of the President.

Summoning, Adjournment and Prorogation

The Governor from time to time summons each House of the state legislature to meet. The maximum gap between two sessions cannot be more than six months, so the legislature must meet at least twice a year. A session consists of many sittings. An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks; adjournment sine die terminates a sitting for an indefinite period. The power of adjournment and adjournment sine die lies with the presiding officer. When the business of a session is completed, the presiding officer declares the House adjourned sine die, and within a few days the Governor issues a notification for prorogation; the Governor can also prorogue a House that is in session. Unlike an adjournment, a prorogation terminates a session of the House.

Dissolution

The legislative council, a permanent House, is not subject to dissolution. Only the assembly is. Unlike prorogation, a dissolution ends the very life of the House, and a new House is constituted after general elections. The rules for lapsing of bills on dissolution are the same as described under duration.

Quorum, Voting and Language

Quorum is the minimum number of members required for the House to transact business: ten members or one-tenth of the total number of members including the presiding officer, whichever is greater. If there is no quorum the presiding officer must adjourn or suspend the meeting. All matters are decided by a majority of the members present and voting, excluding the presiding officer, who does not vote in the first instance but has a casting vote in a tie. A few matters need an effective or special majority. The Constitution declares the official language(s) of the state, or Hindi or English, to be the languages for transacting business; the presiding officer may permit a member to speak in the mother tongue. The state legislature may decide whether to continue or discontinue English as a floor language after fifteen years (1965), with twenty-five years for Himachal Pradesh, Manipur, Meghalaya and Tripura and forty years for Arunachal Pradesh, Goa and Mizoram.

Parallel with Parliament

The comparison shows that the machinery of sessions is identical in design. The differences are who performs each act (the Governor instead of the President) and the languages. The state legislature is also free to decide whether English continues as a floor language, after fifteen years from the commencement of the Constitution for most states, twenty-five years for Himachal Pradesh, Manipur, Meghalaya and Tripura, and forty years for Arunachal Pradesh, Goa and Mizoram.

Rights of Ministers and the Advocate General

In addition to members, every minister and the Advocate General of the state have the right to speak and take part in the proceedings of either House or any committee of which they are named a member, without a right to vote. This allows a minister to participate in a House of which he or she is not a member, and a minister who is not a member of either House to participate in both. The Advocate General is the highest law officer in the state, corresponding to the Attorney General of India.

Why Is This Topic Important?

• Parallel with Parliament Identical rules with Governor for President
• Quorum Ten or one-tenth
• Language Time limits for English

What Came Next?

The next topic covers the officers of the state legislature.

Key People and Terms

• Session Period from first sitting to prorogation
• Adjournment sine die Indefinite adjournment
• Quorum Minimum members needed
• Casting vote Vote only in a tie
• Advocate General State law officer

Exam Corner

Mains Angle

Questions on this topic usually ask about the Governor’s role in sessions. Use these points to add depth.

• Governor’s powers Summon, prorogue, dissolve
• Minimum sittings Twice a year
• Language Official language, Hindi or English
• Ministers’ rights Speak without voting