Dissolution of State Legislative Assembly & Governor’s Powers
Context:
A constitutional controversy has erupted in Manipur, where the Congress President has petitioned the High Court challenging the Governor’s "unconstitutional exercise of powers."
The petition demands the dissolution of the 12th Legislative Assembly, arguing that the mandatory timeline for holding a session has been breached
Key Constitutional Issues
Article 174(1):
The Constitution stipulates that no more than six months shall intervene between two sessions of the State Legislature.
In Manipur, the last sitting was held on August 12, 2024.
Therefore, the next sitting was mandatorily due on or before February 11, 2025.
The Governor had initially summoned the Assembly for February 11.
However, following the Chief Minister's resignation on February 9, the Governor declared his summoning order "null and void," effectively cancelling the session.
Legal Argument:
The petitioner argues this cancellation "circumvented the rigours of Article 174(1)."
Since the Assembly was not under suspended animation at the time of the CM's resignation, the constitutional clock was still ticking.
Consequently, any move to hold a floor test for a new Chief Minister now is argued to be unconstitutional because the House failed to meet within the mandatory period.
Imposition of President’s Rule:
President's Rule was imposed on February 13, two days after the constitutional deadline for the session expired.
The centre is now under pressure because extending President's Rule beyond one year typically requires a concurrent proclamation of National Emergency, forcing the political leadership to seek the restoration of a "popular government" instead.