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Haryana Chief Minister Nayab Saini has decided to dissolve the state assembly, a move that was approved in a cabinet meeting held this evening. The meeting included Agriculture Minister Kanwarpal Gujjar, Health Minister Kamal Gupta, Public Works Minister Dr. Banwari Lal, Urban Local Bodies Minister Subhash Sudha, Transport Minister Aseem Goyal, and Sports Minister Sanjay Singh.
The decision to dissolve the assembly will now be sent to Governor Bandaru Dattatreya, who will take the final call. The Governor is expected to make a decision either late tonight or by tomorrow. Until then, Saini will continue as the Acting Chief Minister.
With the assembly dissolution, Haryana will now be under a caretaker government. This means that while Chief Minister Saini will remain in office, he will only perform caretaker duties and will not make any new policy decisions.
The decision to dissolve the assembly was influenced by the inability to convene the monsoon session. Chief Minister Saini had no option but to dissolve the assembly as he could not summon the session. According to experts, calling the assembly session was the only alternative, but it was not feasible within the given timeframe.
Legal and Constitutional Context
Legal and constitutional expert Hemant Kumar explains that even though the Election Commission has begun the process for the formation of the 15th Haryana Assembly, the current government could still have called a session. The 14th Haryana Assembly, which was supposed to last until November 3, 2024, had a special session just five months ago, on March 13, 2024.
Constitutionally, Article 174(1) mandates that there should not be more than a six-month gap between the last sitting of one session and the first sitting of the next session. Since no decision was made regarding the monsoon session in the last cabinet meeting, the only option left for the government was to recommend the dissolution of the assembly to the Governor.
Constitutional Crisis
The dissolution of the Haryana Assembly has triggered a constitutional crisis. The constitution requires that the assembly session be held within six months. The last session took place on March 13, 2024, when Chief Minister Nayab Saini secured a vote of confidence. Therefore, another session should have been called before September 12, 2024.
This situation is unprecedented in the history of independent India. Even during the COVID-19 pandemic, Haryana managed to hold a one-day session to avoid such a crisis. Failing to hold a session within six months is without historical precedent.
Upcoming Elections
Haryana is currently functioning with its 14th Assembly. The process for the formation of the 15th Assembly is underway. Voting for the new assembly is scheduled for October 5, with counting on October 8. The current assembly’s term ends on November 3.
The dissolution of the assembly and the subsequent caretaker status of the government highlight the complex legal and political landscape in Haryana.
