Article 174(1) of the Constitution of India mandates that “six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session” of a legislature of the State.
In the case of Goa the last assembly session was a one-day session held on August 31 to ratify the constitutional amendments to the Goods and Services Tax Bill, which was passed.
The six month period since then ends on February 28, and the next assembly session is scheduled to be held at least a few days after the election results are declared on March 11 and the new government takes charge and session can be convened by the governor.
If there is a hung house and the Governor is not clear who has to be called to form the new government, the period could be even longer.
“This is a situation that should not have been permitted. It looks like it is a complete goof up by the government and the governor. No doubt, practically it hardly matters but the fact remains that it is a constitutional breach,” Adv Cleofato Almeida Coutinho said.
“They could have had a one-day session in November or December to tide over this situation,” he added.
However, the constitution is unclear on what is to be done in case, the provisions are violated.
“The assembly could be dissolved, and kept in suspended animation with a caretaker government, but it is unclear what will ultimately happen,” Coutinho said.
Sources in the secretariat said that the administration could approach the Election Commission of India for advice on how to deal with the matter.
“They could either hold a one day session after elections are done and before February 28 to tide over the situation or any other suggestion that is deemed by the Election Commission,” the source said.
“In any case the question will be thought about only after voting is completed and after February 4 after which the situation should become clearer,” the source said.
