Why Did Haryana’s Governor Dissolve the State Assembly?

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Haryana Governor Bandaru Dattatreya has dissolved the state assembly on the recommendation of the state’s BJP government. The notification states, “By exercising the powers conferred under Article 174(2)(b) of the Constitution of India, I, Bandaru Dattatreya, Governor of Haryana, hereby dissolve the Haryana Legislative Assembly with immediate effect.”

The decision follows the Haryana Cabinet, led by Chief Minister Nayab Singh Saini, approving the dissolution proposal on Wednesday. The Governor has announced that Chief Minister Saini will continue as the caretaker Chief Minister until a new government is formed.

The dissolution comes as a response to a constitutional crisis that arose from the inability to convene a legislative session within six months. The Haryana Assembly’s term was set to end on November 3, with 52 days remaining. According to constitutional norms, no more than six months can elapse between two legislative sessions. The previous session concluded on September 12, marking the six-month deadline, and with elections underway, convening a session was impractical.

This marks the first instance of such a constitutional crisis leading to assembly dissolution since India’s independence in 1947. Even during the COVID-19 pandemic, a one-day session was held to address similar issues.

5 Key Questions About the Haryana Assembly Dissolution

1. Why Was the Assembly Dissolved? According to constitutional expert Advocate Hemant Kumar, Article 174(1) mandates that no more than six months should pass between two sessions of a state legislature. Haryana had held a special session on March 13, 2024, where Chief Minister Nayab Saini demonstrated his majority. By September 12, another session was required, which the government failed to convene.
2. Why Didn’t the Government Convene a Session? Two primary reasons contributed to this:
   • Election Code of Conduct: The election code of conduct was imposed on August 16, just before the cabinet meeting on August 17, which was intended to decide on the session. This unexpected timing made it impossible to hold the session.
   • Internal Political Issues: The BJP had to drop 14 of its 90 legislators. With only 81 members, the BJP’s majority was compromised. Proposing new measures could have led to cross-voting and potentially embarrassing outcomes for the government.
3. Did the Government Have Other Options? The government had no viable alternative to recommending dissolution to the Governor, given the constraints imposed by the election code and internal party issues.
4. What Impact Will This Have on CM, Ministers, and Legislators? The dissolution ends the terms of the current legislators, who will no longer hold office. Chief Minister Nayab Singh Saini and his ministers will continue in a caretaker role but will be unable to make significant policy decisions. They will only be able to act in emergencies such as natural disasters or security issues.
5. When Has the Haryana Assembly Been Dissolved Before? The Haryana Assembly has been dissolved early three times:
   • February 1972, under Bansi Lal of the Congress government.
   • December 1999, under Om Prakash Chautala of the INLD government.
   • August 2009, under Bhupinder Singh Hooda of the Congress government.

Upcoming Elections: The 14th Haryana Assembly is now dissolved, and elections for the 15th Assembly have been scheduled. Voting will take place on October 5, with results announced on October 8. Following the results, a new government will be formed to lead the state.