Rajasthan Crisis: Is Governor bound to follow Cabinet's advice on calling Assembly session?
New Delhi | Jagran News Desk: The Ashok Gehlot vs Sachin Pilot political fight in Rajasthan has now also become state government vs Governor after the latter rejected Gehlot Cabinet's advice to summon Legislative Assembly session. After the Rajasthan High Court told Speaker CP Joshi to maintain the status quo regarding the disqualification of Sachin Pilot and 18 other rebel Congress MLAs, CM Gehlot had Friday met Governor and asked him to call the Assembly session. The Governor, however, said that he was not made aware of the agenda of the session, following which Rajasthan CM and MLAs held a five-hour sit-in at the Raj Bhavan.
This has raised the questions whether the Governor is bound to follow the Council of Minister's advice on summoning the Assembly session in the exercise of his powers under Article 174. With both the Supreme Court and Rajasthan High Court ruling in favour of Sachin Pilot, Ashok Gehlot now wants to call Assembly Session to prove his strength and this has turned the spotlight on Governor's role.
According to legal experts, Governor Kalraj Mishra has no other option but to follow the advice of the Council of Ministers led by Ashok Gehlot and summon the Assembly session. He is bound to follow the advice of state Cabinet to summon the Assembly session.
Referring to the Nabam Rebia (2016) verdict of the Supreme Court, senior counsel Rakesh Dwivedi and Vikas Singh said that the top court has clearly stated that the Governor is bound to follow the advice of the Cabinet and call the Assembly session, according to news agency PTI. Another lawyer also told the news agency that the Governor can't refuse to summon the Assembly session for floor test.
In the 2016 Nebam Rebia case, a five-judge constitutional bench of the Supreme Court had ruled: "We are satisfied in concluding, that the governor can summon, prorogue and dissolve the House, only on the aid and advice of the council of ministers with the chief minister as the head. And not on his own."
Also, according to the Article 174 of the Constitution, "The governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session."
"We are of the view, that 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(s) must be exercised in consonance with the aid and advice of the chief minister and his council of ministers," the Supreme Court had further said in its verdict.
Posted By: Shashikant Sharma