Amid the constitutional crisis of calling the monsoon session of the Haryana Assembly before September 12 and dissolving the Assembly, the Haryana government has called an urgent cabinet meeting. If sources are to be believed, a decision to dissolve the Assembly will be taken in this meeting.
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Most of the ministers of the government will attend the meeting to be chaired by Chief Minister Naib Singh Saini. Due to the nomination of BJP candidates in the morning, the meeting time has been fixed for tomorrow evening.
The Chief Secretary’s office has not yet fixed the time of the meeting, but information about it has been sent to Saini’s ministers. In case some ministers are unable to attend the meeting, they have been ordered to join through video conferencing.
According to the opinion of constitutional experts, it is necessary for the government to do so. The reason is clear that it is a constitutional requirement to call the next session of the House before a gap of 6 months. Of course, fresh elections for the state assembly have been announced.
Dissolving the assembly is the only option Legislative and constitutional expert Hemant Kumar says that although the Election Commission has started the process of general elections for the formation of the 15th Haryana Legislative Assembly, the government can call a session in that too. He says that the 14th Haryana Legislative Assembly, whose term is till November 3, 2024, and whose last one-day special session was called 5 months ago on March 13, 2024.
Therefore, in strict compliance with Article 174(1) of the Constitution, a session of the existing State Legislative Assembly, even if it may be for a day or half a day, must be convened before September 12, 2024.
What does the constitution say… It is clearly mentioned in the Constitution that there should not be a gap of 6 months between the last meeting of the previous session and the first meeting of the next session. No decision was taken by the government on the monsoon session in the last cabinet meeting. In such a situation, the only option left with the government is to recommend to the Governor to dissolve the Haryana Assembly prematurely.
Reason for constitutional crisis in Haryana After the announcement of elections in Haryana, a constitutional crisis has arisen. The reason for this is to call an assembly session once within 6 months. The last session of the state assembly was held on 13 March. In that, the newly elected CM Nayab Saini won the trust vote. After this, it is mandatory to call a session by 12 September.
This constitutional crisis is also historic, because such a situation never arose after the country gained independence. In Haryana itself, a one-day session was called to avert this crisis during the Corona period. There is no example in history of not calling a session in 6 months.
Constitutional experts believe that although this is just a formality on paper, but since it is constitutionally mandatory, it has to be completed at all costs. There is no example in the country where the session was not called even in such a situation.
The term of the 14th Legislative Assembly is till November 3 The 15th Vidhan Sabha is currently in session in the state. Elections for the formation of the 15th Vidhan Sabha have been announced. Its notification was issued on 5th September. Voting will be held on 5th October and counting on 8th October. The term of the current Vidhan Sabha is till 3rd November.
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