Sessions of State Legislature: Summoning, Prorogation and Dissolution

Legislature sessions summoning at the state level is governed by Article 174 of the Constitution, which gives the Governor the power to call a state's Houses into session, bring a session to a close, and dissolve the Legislative Assembly. These three actions — summoning, prorogation, and dissolution — mark the beginning and end of a legislature's working cycle and closely mirror the President's corresponding powers over Parliament under Article 85.

Summoning the Houses

Article 174(1) empowers the Governor to summon the House, or each House where the state has two Houses, to meet at such time and place as the Governor thinks fit. This formally begins a session — the period during which a House meets to transact business. The provision, however, is not open-ended: the gap between the last sitting of a House in one session and the date appointed for its first sitting in the next session cannot exceed six months. In practice, this means a state legislature must be called into session at least twice a year, since more than six calendar months can never lapse between two consecutive sessions.

Prorogation

Under the same article, the Governor may from time to time prorogue the House or either House. Prorogation ends a session without dissolving the House itself — the members remain members, but pending business, notices, and pending items typically lapse. It is a distinct act from adjournment, which merely suspends a day's sitting within an ongoing session, and from dissolution, which ends the very existence of that House.

Dissolution — an Act Limited to the Assembly

Article 174(2) also empowers the Governor to dissolve the Legislative Assembly. This power attaches only to the Assembly and not to the Legislative Council, which is consistent with the Council's status under Article 172 as a permanent body that is never dissolved. Dissolution ends the life of that particular Assembly altogether, distinct from prorogation, and is followed by fresh general elections to constitute a new Assembly.

Why These Powers Matter Procedurally

Together, summoning, prorogation and dissolution frame the working calendar and the life cycle of a state legislature. Regular summoning within the six-month ceiling keeps the legislature functioning as a continuous check on the executive; prorogation allows the government to reset the legislative agenda between sessions without ending a House's term; and dissolution, reserved for the Assembly alone, is the mechanism by which a state periodically renews its popular mandate — whether at the end of a normal five-year term or earlier, on the advice tendered to the Governor.

UPSC Relevance

Prelims

• Article 174: Governor summons, prorogues, and (for the Assembly) dissolves the state legislature.
• Maximum permissible gap between two sessions: six months.
• Only the Legislative Assembly can be dissolved; the Legislative Council cannot.
• Parallel provision for Parliament: Article 85 (President's power to summon, prorogue, dissolve the Lok Sabha).

Mains

• Explain the constitutional significance of the six-month rule under Article 174 for legislative accountability at the state level.
• Compare the Governor's powers of summoning, prorogation and dissolution under Article 174 with the President's parallel powers under Article 85.

FAQ

Q1. Who has the power to summon a state legislature into session? The Governor, under Article 174(1), who may summon the House or each House to meet at such time and place as thought fit.

Q2. What is the maximum gap allowed between two sessions of a state legislature? Six months — the interval between the last sitting of one session and the first sitting of the next session cannot exceed six months.

Q3. What is prorogation, and how is it different from dissolution? Prorogation, under Article 174, ends a session without ending the House's existence; members remain members and a fresh session can later be summoned. Dissolution ends the life of the Assembly altogether, requiring fresh elections.

Q4. Can the Legislative Council be dissolved like the Assembly? No. Article 174(2) gives the Governor power to dissolve only the Legislative Assembly; the Council is a permanent body under Article 172 and is never dissolved.

Q5. Which Union-level provision parallels Article 174? Article 85, under which the President summons, prorogues, and may dissolve the Lok Sabha (Parliament's directly elected House).

Quick Revision

• Article 174(1): Governor summons the House(s); gap between sessions cannot exceed six months.
• Article 174: Governor may prorogue the House or either House, ending a session without dissolving it.
• Article 174(2): Governor may dissolve the Legislative Assembly only, not the Council.
• Legislative Council, being permanent under Article 172, is never dissolved.
• Article 174 for states parallels Article 85 for Parliament.

Sources

• Constitution of India, Article 174 — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• Indian Polity — M. Laxmikanth — the standard UPSC handbook.
• Introduction to the Constitution of India — D.D. Basu — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.