Dissolution of State Assembly - Some Live Issues
By
Manoj Wad
The dissolution of a State Assembly means the constitutional rejection of a duly elected body of people’s representatives. So far as the process has seemed irreverisible and the effect permanent. The two articles of the Constitution, which deal with this are Articles 174(2)(b) and 356. Art. 174(2) entitles a Governor of a State to dissolve its Legislative Assembly. The Constituent Assembly Debates (Volume 8, page 555) show that one learned member, Mr. Mohd. Tahir wanted an amendment to the Draft Art. 153 that reasons should be specified for such action to be taken by the Governor, “otherwise there may be difficulties”. This amendment was not incorporated in the final Art. 174 and so the “letter” of law does not require the stating of reasons for such action. Art. 356 empowers the President to declare that the powers of the Legislature of a State shall be exercisable by Parliament on satisfaction that “the Government of the State cannot be carried ....