Article 174 is a constitutional provision that governs the sessions of the State Legislature, including the Legislative Assembly and, where applicable, the Legislative Council. The provision was debated as Draft Article 153 in the Constituent Assembly and was adopted on June 2, 1949, to ensure the regular functioning of the legislative machinery at the State level. It is modeled on Article 85 of the Constitution, which governs the sessions of the Union Parliament, and is rooted in the British parliamentary tradition.
Article 174(1) mandates that the Governor shall summon the House or each House of the State Legislature, and a maximum interval of six months must not intervene between the last sitting of one session and the date appointed for the first sitting of the next session. This provision ensures legislative continuity and accountability by preventing the executive from arbitrarily suspending legislative work.
Article 174(2) grants the Governor three specific powers: to prorogue the House or Houses, which formally terminates a session without dissolving the Assembly; and to dissolve the Legislative Assembly, which ends its term and paves the way for fresh elections. The power to summon the House is granted by Article 174(1), while the powers to prorogue and dissolve are granted by Article 174(2).
The Governor's powers under this Article are generally exercised on the aid and advice of the Council of Ministers, in line with the principles of parliamentary democracy. However, the Supreme Court has clarified the scope of this power in cases like Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh (2016), holding that the Governor's discretion must be exercised in accordance with constitutional norms. Article 174 connects directly to Article 172, which fixes the term of the Legislative Assembly at five years, and Article 356, which deals with the imposition of President's Rule. Since its adoption, Article 174 has remained unamended, reflecting a stable framework for the conduct of State Legislature sessions.