Constitutional Mandate: Haryana Assembly Session Must Be Convened Before September 13 Despite Upcoming Elections

Constitutional Mandate: Haryana Assembly Session Must Be Convened Before September 13 Despite Upcoming Elections

In an unprecedented development in Haryana’s political history, the next session of the 14th Haryana Assembly must be convened before September 13, 2024, despite the recent announcement of the upcoming state assembly elections. This constitutional obligation stems from Article 174(1) of the Indian Constitution, which mandates that the interval between two sessions of the Legislative Assembly should not exceed six months.

On Friday, August 16, 2024, the Election Commission of India (ECI) announced the dates for the Haryana Assembly elections, alongside the first general elections for the Union Territory of Jammu and Kashmir. With this announcement, the Model Code of Conduct (MCC) came into immediate effect across Haryana. Although the notification for the formation of the 15th Haryana Assembly is scheduled to be issued on September 5, 2024, with polling on October 1 and counting on October 4, a session of the current assembly must still be held before September 13.

Advocate Hemant Kumar, a well-known expert in legislative and constitutional matters, pointed out this crucial constitutional requirement. He noted that the last session of the 14th Haryana Assembly was held on March 13, 2024, where the current Chief Minister, Naib Saini, secured a vote of confidence the day after assuming office. As per Article 174(1) of the Indian Constitution, the next session of the Haryana Assembly must be convened before September 13, 2024, to comply with the constitutional mandate that no more than six months should elapse between two sessions of the assembly.

This situation marks the first time in Haryana’s 58-year history that an assembly session will be held after the announcement of elections. The decision regarding the exact date of this session is expected to be made during a cabinet meeting chaired by Chief Minister Naib Saini, scheduled for the morning of Saturday, August 17, 2024.

Another significant aspect of this session will be the introduction of five ordinances recently promulgated by the Governor of Haryana under Article 213(1) of the Indian Constitution. These ordinances include measures to provide job security for contractual employees, reservation provisions for backward classes in municipal bodies and Panchayati Raj institutions, and amendments to the Haryana Shamlat (Common) Land Regulation. These ordinances, having received the Governor’s assent on August 14, 2024, must now be presented as bills in the upcoming assembly session to be passed into law.

Hemant Kumar emphasized that under Article 213(2) of the Indian Constitution, an ordinance must be laid before the Legislative Assembly within six weeks of the commencement of its next session. Failure to do so will result in the ordinance ceasing to operate. Therefore, it is crucial for the Naib Saini government to ensure that these ordinances are tabled and passed in the upcoming session to secure their legal validity.

The upcoming assembly session will be closely watched to see whether the ordinances are passed without any disruptions, as this will be a test of the current government’s legislative efficiency amidst the election atmosphere.

The political and legal implications of this assembly session are significant, as it underscores the importance of adhering to constitutional mandates, even in the face of electoral processes. The outcome of this session will not only impact the validity of the ordinances but also set a precedent for future legislative practices in the state.

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