Context:
N. Biren Singh resigned as Chief Minister of Manipur on February 9, 2025. Neither the ruling BJP nor the Opposition party can stake any claim for the formation of the new government.
Key Highlights:
- Deadline for Assembly Session Carries On
- The last session of the Manipur Assembly was held on August 12, 2024.
- Article 181 stipulates that there should not be more than six months between two sessions in the Assembly.
- Legal & Constitutional Background
- Article174(1) does not specifically reference dissolution of the Assembly on the basis of an infringement of the six-month gap.
- The landmark ruling of the Supreme Court in 2002 stated (Bharatbhai Bhagwanjibhai v. State of Gujarat) that non-adherence to this limit by itself cannot be taken as sufficient cause for imposing President’s rule under Article 356.
- Appointment of Chief Minister
- Article 164 states that Chief Minister shall be made by the bill governor.
- This addresses especially the situation when a party has gotten major share of votes from the assembly elections, it’s appointed as the new Chief Minister of the state.
- Governor’s Role
- Under Article 164, the Governor plays a key role in inviting the leader of the majority party or coalition to form the government.
- President’s Rule (Article 356)
- If present political maneuvers continue, the Governor might send a message to the President of India that there exists both the possibility and basis for constitutional crisis.
- Following this, a proclamation of President’s Rule would mean
- The state government shall remain kept in abeyance.
- The Governor would take upon himself the administrative powers under Union Government orders.
- It could either prorogue or dissolve the Assembly.
Source: The Hindu
