Constitutional Mandate Requires Haryana Assembly Session Before September 12, 2024

Constitutional Mandate Requires Haryana Assembly Session Before September 12, 2024

In light of the Election Commission’s recent announcement of the upcoming Haryana Assembly elections and the enforcement of the Model Code of Conduct, a constitutional requirement mandates the Haryana government to convene a session of the 14th Assembly before September 12, 2024. According to Article 174(1) of the Indian Constitution, there must not be a gap of more than six months between two Assembly sessions. The last session was convened on March 13, 2024, when the state’s Chief Minister secured a vote of confidence. Therefore, to comply with the Constitution, the next session must be held by September 12. Although the election process for the next Assembly is underway, there is no restriction on convening the current Assembly session during this period. The Chief Minister, in consultation with the state cabinet, holds the authority to decide the date for the next session. However, if the government decides to dissolve the 14th Assembly before September 12, it can avoid calling the session. In this scenario, the dissolution would eliminate the need to meet the constitutional mandate. The Haryana government has also recently promulgated several ordinances, including those related to the protection of contractual employees and reservations for certain communities. If the Assembly session is held, these ordinances will need to be presented as bills. However, if the Assembly is dissolved, the ordinances will remain in effect until the newly elected 15th Assembly convenes and takes further action on them. The situation poses a delicate balance between constitutional obligations and political strategy for the ruling government in Haryana.

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