Sessions, Prorogation, and Dissolution of State Legislature
Official heading: “Sessions of the State Legislature, prorogation and dissolution.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 174, printed page 80
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1. In One Sentence
Article 174 empowers the Governor to summon, prorogue, and dissolve the State Legislature, mandating that not more than six months shall elapse between two sittings.
2. What It Means in Everyday Language
Article 174 regulates the convening and termination of State legislative sessions. Clause (1) directs the Governor to summon each House of the Legislature at such time and place as they think fit.
Six-Month Gap Rule: The Constitution strictly mandates that six months shall not intervene between the last sitting in one session and the date appointed for its first sitting in the next session, preventing the executive from governing without legislative scrutiny.
Prorogation and Dissolution: Under Clause (2), the Governor may from time to time prorogue the Houses (ending a session) or dissolve the Legislative Assembly.
Landmark Ruling in Nabam Rebia (2016): The Supreme Court settled that the Governor's power to summon, prorogue, or dissolve the House under Article 174 is not an independent discretionary power. The Governor must exercise this power strictly on the aid and advice of the Council of Ministers headed by the Chief Minister, save when the Chief Minister has lost the majority of the House.
3. Practical Illustrative Example
Five months have elapsed since the conclusion of the State Budget Session, and the Cabinet advises the Governor to summon the Monsoon Session.
4. Important Limits, Qualifications & Exceptions
Article 174 guarantees legislative continuity and controls legislative sessions.
- Mandatory six-month interval maximum between consecutive sessions.
- Governor acts on Cabinet advice per Nabam Rebia (2016).
- Prorogation terminates a session without dissolving the House.
- Dissolution terminates the Legislative Assembly, leading to fresh general elections.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 174, printed page 80 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.