Context:
- The 60-member Manipur Assembly recently failed to hold a Special Session to discuss the ongoing ethnic violence as the governor did not issue any notification to convene it despite a recommendation from the State Cabinet.
Constitutional Role of Governor in calling Legislative Assembly Session:
- Article 174: Under this, the State’s Legislature must convene at least twice every year, with no more than a six-month gap between the end of one session and the start of the next session.
- Article 163: Although it is the Governor’s prerogative to summon the House, the Governor is required to act on the “aid and advice” of the Cabinet.
- So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.
Can the Governor refuse the aid and advice of the Cabinet?
- No-confidence motion against the Chief Minister: When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.
News Source: The Hindu
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