No nod from Manipur governor, Assembly fails to meet

Despite the Manipur cabinet recommending Governor Anusuiya Uikey convene an Assembly session from August 21, no notification was issued by Raj Bhavan. On August 4, the state cabinet recommended to the governor of Manipur for summoning the 4th session of the 12th Manipur Legislative Assembly on August 21.

The last Assembly session was adjourned sine die in March. It is a constitutional obligation that the next session must be held before September 2. Chief Minister N.Biren Singh had earlier said that the Assembly session would be convened before September 2.

The violence in the state erupted in early May after a Tribal Solidarity March was organised in the hill districts to protest against the Meitei community’s demand for Scheduled Tribe (ST) status. Since then more than 160 people have died and several hundreds were injured in violent  clashes in Manipur.

Governor’s power to summon, prorogue or dissolve an Assembly

• Article 174 of the Constitution empowers the governor to summon, prorogue or dissolve the House. Article 174(1) provides that the governor shall from time to time summon the House to meet at such time and place as they think fit.

• The interval between the last sitting of the previous session, and the first sitting of the succeeding session should not be more than six months. 

• Article 163 of the Constitution carves out two ways in which the power of the governor must be exercised. One, in which the governor has to act in accordance with the aid and advice of the Council of Ministers and two, where he exercises his personal discretion. 

• In ordinary circumstances during the period when the Chief Minister and his Council of Ministers enjoy the confidence of the majority of the House, the power vested with the governor under Article 174, to summon, prorogue and dissolve the House must be exercised in consonance with the aid and advice of the Chief Minister and his Council of Ministers. 

• The power of the governor to act without the aid and advice of the Council

of Ministers is of an extraordinary nature. 

The role of governor

• The governor is the chief executive of a state and his position is analogous to that of the President at the Centre. Despite being a nominal executive head (titular or constitutional head), the governor has “a right to be consulted, to warn and encourage” and his role is overwhelmingly that of a “friend, philosopher and guide” to the council of ministers. 

• Under this role, he also functions as a sentinel of the Constitution and a live link with the Union.

• The Constitution, under Article 153, provides for a governor for each state. However, the Article was amended by the Seventh Constitutional Amendment (1956), which came as a result of the State Reorganization Commission and currently, the same person may be appointed as governor of two or more states.

• Article 154 vests the executive power of the state in the governor. 

• Article 155 says that “The governor of a state shall be appointed by the President by warrant under his hand and seal”. 

• Article 156 provides that “The governor shall hold office during the pleasure of the President”. The term of the governor is prescribed as five years. 

• The only qualifications for appointment as governor are that he should be a citizen of India and must have completed the age of 35 years.