Question

Who among the following has the power to dissolve the legislative assembly of a state?

• A. Chief Justice of High Court
• B. Chief Minister of the State
• C. Chief Secretary of the State
• D. Governor of the State

Answer 1

Answer:

D. Governor of the State

Powers of the Governor Regarding the Legislative Assembly

Dissolution of the Legislative Assembly:

• The Governor of a State has the constitutional power to dissolve the Legislative Assembly of that state.

• This power is exercised on the advice of the Council of Ministers headed by the Chief Minister, as per Article 174(2)(b) of the Constitution of India.

• However, in certain circumstances, the Governor may act on their own discretion, particularly when the government has lost the confidence of the house, or if no party can form a stable government.

Key Constitutional Articles:

• Article 174(1): The Governor shall from time to time summon the session of the House of the Legislature.

• Article 174(2): The Governor may prorogue the House or the Houses, or dissolve the Legislative Assembly.

Conditions for Dissolution:

• Loss of Majority: If the Chief Minister and their council of ministers lose the confidence of the Legislative Assembly, the Governor may dissolve the Assembly.

• Political Instability: When it is impossible to form a stable government after an election or the resignation of a ministry.

• Mandate Expiry: The Legislative Assembly has a maximum term of five years from the date appointed for its first sitting. After this period, it stands dissolved automatically, unless extended by a Proclamation of Emergency.