The recent political crisis in Rajasthan has brought into focus the role of the Governor in assembling the State Assembly. This article examines the powers of the Governor, instances where those powers can be employed, and what implications arise when such constitutional powers are challenged.
The Rajasthan Governor’s Repeated Denial
The ongoing situation in Rajasthan involves the Governor twice rejecting the State Cabinet’s proposal to convene an assembly session. The intent behind the proposed session was to allow the Chief Minister of Rajasthan to establish his legislative majority. Igniting discussions on legal parameters, this incident raises questions on the extent of the Governor’s authority to summon the House.
Understanding the Powers to Summon the House
Article 174 of the Constitution gives the Governor the rights to summon, dismiss, or adjourn the state legislative assembly. Yet under Article 163, these powers must be exercised following the advice from the Council of Ministers, led by the Chief Minister.
A Supreme Court verdict delivered in 2016 – Nabam Rebia and Bamang Felix vs Deputy Speaker case (the Arunachal Pradesh Assembly case) – further clarified that the authority to assemble the House does not rest entirely with the Governor. Instead, it should be practiced based on the Council of Ministers’ recommendations and not independently. The judgement also emphasized that as a presidential appointee, the Governor should not have overriding authority over the elected representatives forming the State Legislature.
Examining the Discretionary Power of the Governor
Article 163 (1) curtails any discretionary power vested in the Governor to instances specifically outlined in the Constitution. Here, the Governor must exercise personal judgment. Such discretionary power under Article 174 could be used when there are valid doubts about the Chief Minister’s legislative support.
Ordinarily, when the Chief Minister’s majority is questioned, the opposition and the Governor would champion a floor test. More than once, courts have stated that when the ruling party’s majority is under question, a floor test must be carried out at the earliest possible opportunity. The current situation in Rajasthan, though, presents an unusual scenario. Despite multiple requests from the majority possessing Chief Minister, the Governor has exercised his discretionary power twice to deny session convening requests.
An Overview of the Floor Test
A “floor test” refers to the practice of demonstrating the majority mandate. If claims are made against a state’s Chief Minister, he or she could be requested to establish their majority in the House. In coalition governments, the Chief Minister may be asked to table a confidence motion and win a majority.
In situations where there is no obvious majority, and more than one person is claiming the right to form a government, the Governor can call for a special session to verify who holds the majority to form the government.