(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

 

(2) The Governor may from time to time —

 

(a) prorogue the House or either House;

 

(b) dissolve the Legislative Assembly.

Debate Summary

Article 153, Draft Constitution, 1948

(1) The House or Houses of the Legislature of the State shall be summoned to meet twice at least in every year, and six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.

(2) Subject to the provisions of this article, the Governor may from time to time-

(a) Summon the Houses or either House to meet at such time and place as he thinks fit;

(b) Prorogue the House or Houses;

(c) Dissolve the Legislative Assembly.

(3) The functions of the Governor under subclauses (a) and (c) of clause (2) of this article shall be exercised by him in his discretion.

 

Draft Article 153 (Article 174) was debated on 2nd June 1949. It laid down the rules relating to the sessions of State Legislatures.


One member proposed an amendment to clause (2)(c) allowing the Governor to dissolve the Legislative Assembly only if he 'is satisfied that administration is failing and the ministry has become unstable'. He contended that if the Constitution did not enumerate the circumstances under which a House could be dissolved, there was a possibility that the Governor could dissolve it for political reasons. This was rejected by the Assembly with little debate.

 

The Chairman of the Drafting Committee moved an amendment to delete clause (3) altogether, as it was inconsistent with the scheme for a Constitutional Governor’. This was accepted by the Assembly.

 

The amended Draft Article was adopted on 2nd June 1949.