Rajasthan governor’s decision analysis – Burning Issues – Free PDF Download

• Rajasthan Governor Kalraj Mishra has not convened the State assembly even after advice by CoM multiple times.
  • He demanded purpose of calling a session now..!!
  • He also said that 21 days notice is essential for calling a session.
  • Put conditions like video recording the session & maintenance of social distancing.
• Congress MLAs supporting the CM Gehlot held a dharna at the Governor’s residence, and also led a  public protest.

IRONY Alert:

• In 1997, Kalyan singh and his deputy Kalraj Mishra faced similar situation but Mishra was at receiving end at that time.

Can the Governor direct the agenda or procedure of the house?

• Article 174: Authorizes the Governor to summon, dissolve and prorogue the state legislative assembly.
• However, the Governor can exercise the above power only as per Article 163(1)
  • Which says that the Governor shall act on the aid and advice of the Council of Ministers headed by the Chief Minister except, in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.

Can the Governor direct the agenda or procedure of the house?

• Legal questions on the powers of the Governor arise mainly due to Article 163(2)
• Article 163(2):
  • If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

When can Governor use discretion?

• Convene a session if more than 6 months have lapsed from last session.
• CoM has lost majority.
• Hung verdict.
• Tribal Welfare ( in some states).

What has Supreme court said?

• Nabam Rebia v Dy Speaker AP assembly & others  2016 Case
  • SC said “the functions, duties and powers of the Governor under the Constitution are ‘cabined, cribbed, confined’.”
  • Governor “cannot have an overriding authority, over the representatives of the people, who constitute the state legislature”.

A solution

• An agreed ‘Code of Conduct’ approved by the state governments, the central government, the parliament, and the state legislatures should be evolved for Governors role.

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