Summoning and prorogation are important constitutional functions concerning the functioning of the State Legislature.
They are primarily governed by:
Article 174
Under this provision, the Governor:
These powers ensure that the Legislature meets regularly and that its sessions are formally brought to an end.
The main provision is:
Article 174 — Sessions of the State Legislature, prorogation and dissolution
Related provisions include:
Under Article 174, the:
Governor summons the House or each House of the State Legislature
to meet at a time and place appointed by the Governor.
In a bicameral State, the Governor can summon:
The Constitution requires that:
Six months shall not intervene between two sessions of the State Legislature.
This means there cannot be a gap of more than:
Six months
between the last sitting of one session and the first sitting of the next session.
The purpose is to ensure:
The six-month rule refers to:
The maximum interval between two sessions
It does not mean:
Every session must last six months.
Therefore:
Six months = Maximum gap
not:
Six months = Session duration
The Constitution does not prescribe a fixed number of sessions every year.
A State Legislature may have multiple sessions depending on:
The constitutional requirement is only that the gap between sessions must not exceed six months.
The formal constitutional authority is the:
Governor
The Governor issues the summons for the House or Houses.
However, in India's parliamentary system, the Governor ordinarily acts on the:
Aid and advice of the Council of Ministers
subject to the constitutional framework.
In a State having two Houses:
Governor
↓
Summons
↓
Legislative Assembly
+
Legislative Council
Both Houses can be summoned for legislative business.
The Governor may summon the Houses separately or together as provided by the constitutional and procedural framework.
8. Prorogation
Prorogation means formally ending a:
Session of the Legislature
The Governor has the power to:
Prorogue the House or either House
where applicable.
Prorogation ends the current session but does not end the existence of the House.
9. Prorogation vs Dissolution
This is one of the most important distinctions for UPSC.
Prorogation
Ends a session
Dissolution
Ends the Legislative Assembly
Therefore:
Prorogation → Session ends
Dissolution → Assembly ends
The Legislative Council cannot be dissolved because it is a:
Permanent House
10. Prorogation of Legislative Council
In a bicameral State, the Governor can prorogue the:
Legislative Council
Prorogation does not terminate the Council.
The Council continues to exist because:
It is a permanent House.
11. Prorogation of Legislative Assembly
The Governor can prorogue the:
Legislative Assembly
The Assembly continues to exist after prorogation.
Only the current session has ended.
Therefore:
Prorogation ≠ Dissolution
12. Summoning vs Prorogation
Feature Summoning Prorogation
Meaning Calling Legislature to meet Ending a session
Authority Governor Governor
House continues to exist Yes Yes
Session begins Yes No
Session ends No Yes
Assembly dissolved No No
13. Summoning vs Adjournment
These are also different.
Summoning
Calling the Legislature to meet for a session.
Adjournment
Suspending a sitting of the House.
Therefore:
Summoning → Session is called
Adjournment → Sitting is paused
14. Prorogation vs Adjournment
Adjournment Prorogation
Suspends a sitting Ends a session
Generally ordered by presiding officer Governor
House continues House continues
Session continues Session ends
Easy memory:
Adjournment → Sitting ends temporarily
Prorogation → Session ends
Dissolution → Assembly ends
15. Governor's Role in Sessions
Under Article 174, the Governor has three major powers:
1. Summoning
Calls the House or Houses.
2. Prorogation
Ends a session.
3. Dissolution
Can dissolve the Legislative Assembly.
The first two can apply to both Houses in a bicameral State.
Dissolution applies only to the:
Legislative Assembly
16. Constitutional Limitation
The Governor's powers relating to the Legislature must be understood within the parliamentary system.
The Governor ordinarily acts on the:
Aid and advice of the Council of Ministers
The constitutional objective is to ensure that the Legislature functions regularly and remains accountable to the people.
17. Relationship with Article 172
Article 172 deals with:
Duration of the State Legislature
Article 174 deals with:
Sessions, prorogation and dissolution
Therefore:
Article 172 → How long the Assembly lasts
Article 174 → How the Legislature meets and how sessions end
18. Relationship with Article 175
Article 175 gives the Governor the right to:
Address the Legislative Assembly
Address both Houses together
Send messages to the House or Houses
This is separate from the power of:
Summoning and prorogation under Article 174
19. Relationship with Article 176
Article 176 provides for the Governor's:
Special Address
The Governor addresses the Legislature:
At the first session after each general election to the Legislative Assembly
At the first session of each year
Thus:
Article 174 → Summoning
Article 176 → Special Address
20. Effect of Prorogation on Bills
Prorogation does not by itself cause all pending Bills to lapse.
The Bill may continue to remain pending and can be taken up in a subsequent session, subject to the constitutional rules governing the particular Bill.
Therefore:
Prorogation ≠ Automatic lapse of Bills
This is different from certain consequences associated with dissolution of the Legislative Assembly.
21. Effect on Motions and Notices
Prorogation generally terminates pending notices and certain business associated with the concluded session.
However, the precise effect depends on the legislative rules and the nature of the business.
Therefore, do not treat prorogation as equivalent to dissolution.
22. Can the Legislature Be Summoned More Than Once a Year?
Yes.
The Constitution does not restrict the State Legislature to one session per year.
The Legislature can be summoned multiple times in a year.
The important constitutional restriction is:
No more than six months may intervene between two sessions.
23. Can the Governor Refuse to Summon the Legislature Indefinitely?
No.
The constitutional scheme requires regular legislative functioning.
The Governor's powers are exercised within the parliamentary system and cannot be used to defeat the constitutional requirement that the Legislature meet within the prescribed interval.
24. Emergency and Sessions
The six-month rule continues to be an important constitutional requirement for legislative functioning.
Do not confuse:
Article 172 Emergency Extension of Assembly
with:
Article 174 Six-Month Session Rule
They address different constitutional matters.
25. UPSC Prelims Facts
Article 174 deals with summoning, prorogation and dissolution.
Governor summons the State Legislature.
Governor can prorogue the House or Houses.
Governor can dissolve the Legislative Assembly.
Legislative Council cannot be dissolved.
The gap between two sessions cannot exceed six months.
The Constitution does not prescribe a fixed number of sessions per year.
Six months refers to the maximum interval between sessions.
Prorogation ends a session.
Prorogation does not dissolve the House.
Dissolution ends the Legislative Assembly.
Adjournment is different from prorogation.
Prorogation does not automatically lapse every pending Bill.
Article 175 deals with Governor's address and messages.
Article 176 deals with Governor's special address.
Article 172 deals with duration of the State Legislature.
26. UPSC Prelims Traps
Trap 1
"Six months is the maximum duration of a legislative session."
False
It is the maximum gap between two sessions.
Trap 2
"Governor dissolves both Houses."
False
The Legislative Council cannot be dissolved.
The Governor can dissolve only the Legislative Assembly.
Trap 3
"Prorogation ends the Legislative Assembly."
False
Prorogation ends only the current session.
Trap 4
"Adjournment and prorogation are the same."
False
Adjournment suspends a sitting.
Prorogation ends a session.
Trap 5
"Prorogation automatically lapses all pending Bills."
False
Prorogation does not by itself cause all pending Bills to lapse.
Trap 6
"State Legislatures must have exactly three sessions every year."
False
The Constitution prescribes no fixed number of sessions.
Trap 7
"Governor can keep the Legislature from meeting indefinitely."
False
The Constitution requires that the interval between sessions cannot exceed six months.
Trap 8
"Article 174 deals with the Governor's special address."
False
Article 174 deals with:
Summoning + Prorogation + Dissolution
The special address is under:
Article 176
27. Easy Memory Trick
Article 174
Remember:
174 = 3 S/D Powers
Summon
+
Prorogue
+
Dissolve Assembly
Session Terminology
Summoning → Call the Legislature
Adjournment → Pause a Sitting
Prorogation → End a Session
Dissolution → End the Assembly
Six-Month Rule
Session 1
↓
Maximum 6 months
↓
Session 2
28. Quick Revision
ARTICLE 174
↓
State Legislature
↓
┌──────────┬────────────┬─────────────┐
↓ ↓ ↓
Summon Prorogue Dissolve
↓ ↓ ↓
Call End End
House Session Assembly
Remember:
Council = Permanent
Therefore:
Council can be summoned + prorogued
but:
Council cannot be dissolved
29. Mains Perspective
Summoning and prorogation are not merely procedural functions.
They are important constitutional mechanisms for maintaining:
Regular legislative activity
Executive accountability
Parliamentary scrutiny
Democratic deliberation
The six-month rule ensures that the Executive cannot indefinitely avoid legislative scrutiny.
At the same time, the distinction between prorogation and dissolution protects the continuity of the Legislative Council in bicameral States.
30. Reform Perspective
Effective legislative functioning requires more than merely satisfying the six-month constitutional requirement.
States should ensure:
Adequate sitting days
Meaningful legislative debate
Strong committee scrutiny
Effective Question Hour
Timely consideration of Bills
Minimal avoidable disruptions
Thus, the objective should be:
Regular + Productive + Accountable Legislative Sessions
rather than merely:
Constitutional Minimum Compliance
31. Conclusion
The constitutional framework under Article 174 establishes a clear process for the functioning of State Legislatures.
The core concepts are:
Summoning → Legislature is called to meet
Prorogation → Current session ends
Dissolution → Legislative Assembly ends
The Constitution also requires that:
Not more than six months intervene between two sessions.
Together, these provisions ensure that State Legislatures remain:
Regular + Active + Accountable + Constitutionally Functional