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2.6.3. Issues related to Dissolution of State Assemblies by the Governor

Lack of Objective Criteria for untimely dissolution: While Article 174 gives powers to the Governor to dissolve the assembly, but the Constitution is silent on as to when and under what circumstances can the House can be dissolved.

Political reasons being cited for Dissolution: Potential for political instability in the future and to prevent emerging alliances is often used as a reason to dissolve state assemblies.

Missing Political Neutrality in Governor’s Office: The post has been reduced to becoming a retirement package for politicians for being politically faithful to the government of the day. For e.g. Bihar State Assembly was dissolved by the Governor in 2005 on apprehensions of “horse trading. Later the Supreme Court called the decision to be illegal and mala fide.

 

Suggestions:Supreme Court Judgements: