Sessions of State Legislatures under Article 174

Article 174(1) requires the Governor to summon the State Legislature from time to time. It mandates that six months shall not intervene between the last sitting of one session and the first sitting of the next session.

How the rule operates

The interval is measured between actual sittings, not merely between the formal dates of prorogation and summoning.

• The next session must begin before a full six-month interval has passed since the last sitting of the previous session.
• In a bicameral State Legislature, the requirement applies to each House.
• The rule ensures periodic legislative meetings, but it does not prescribe a fixed number of sessions or their duration.

Summoning authority

The Governor formally summons the House or Houses at such time and place as specified. As a rule, this power is exercised on the aid and advice of the Council of Ministers, and not as an independent general discretion.

• In Nabam Rebia v. Deputy Speaker, 2016, the Supreme Court rejected a general discretionary power of the Governor to summon or advance a legislative session.

Session and adjournment

A session consists of one or more sittings and ends with prorogation. An adjournment only suspends a sitting for a specified period or indefinitely; it does not terminate the session.