Question
Download Solution PDFWho among the following has the power to dissolve the legislative assembly of a state?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Governor of the State.
Key Points
- The Governor of a state in India has the constitutional power to dissolve the legislative assembly of the state.
- This action can be taken based on the advice of the Chief Minister and the Council of Ministers.
- Such a dissolution usually happens when the Chief Minister loses the majority support in the assembly.
- The Governor exercises this power under Article 174(2)(b) of the Indian Constitution.
- The dissolution is aimed at paving the way for fresh elections and is a significant step in the democratic process.
Additional Information
- Article 174 of the Indian Constitution:
- Article 174 empowers the Governor to summon and prorogue the state legislature and to dissolve the legislative assembly.
- The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister.
- Role of the Governor:
- The Governor acts as the nominal head of the state with the real powers being vested in the Chief Minister and the Council of Ministers.
- The Governor's role includes appointing the Chief Minister, dissolving the legislative assembly, and giving assent to bills passed by the state legislature.
- Legislative Assembly Dissolution:
- Dissolution of the legislative assembly can be either automatic at the end of its five-year term or earlier upon the recommendation of the Chief Minister.
- The dissolution leads to the requirement of new elections to form a new assembly.
- Emergency Situations:
- In case of constitutional breakdown, the President of India can dissolve the state legislative assembly and impose President's Rule under Article 356.
- This is done on the recommendation of the Governor when the state government is unable to function as per the Constitution.
Last updated on Jun 12, 2025
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