‘House prorogued, only Governor can call new session’

PATNA: After a high-voltage drama outside the residence of former chief minister Rabri Devi on Friday, the RJD could not get any assurance about early convening of a special session of the Bihar Legislative Assembly from Speaker Vijay Kumar Choudhary.

Reason: The Speaker categorically told the RJD delegation, which included leader of Opposition Tejaswhi Prasad Yadav and state unit chief Jagdanand Singh that he was not empowered to do so as the House had been prorogued.

“Only the Governor can call a special session now. Once the session of the House has been prorogued, only the Governor has the privilege to call a new session,” he said.

According to the Article 174(2)(a) of the Constitution, the power to prorogue the Assembly of the State is vested in the Governor alone. The Governor’s action is non-justiciable.

The power of prorogation and dissolution is exercised by the Governor while the adjournment is the exclusive power of the Speaker of the Assembly.

It has become a convention that the Governor of the State normally prorogues the State Assembly on the advice of the chief minister.