Speaker Can’t Accept Resignations

Proviso in Article 190 mandates the Speaker (either of Lok sabha or State Legislative Assembly) not to accept the resignations of the legislator unless it is verified and satisfied to be genuine and voluntary.

190 (3)…….Provided that in the case of any resignation, if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

Minister’s resignation: Governor Can’t Accept without CM’s recommendation

Ministers as members of Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.  Thus the minister has higher responsibility than a legislator, and resigning from cabinet amount to shirking the collective responsibility. As per article 164, the minister shall hold office during the pleasure of the Governor. The Governor has to act as per the advice of the council of ministers headed by the Chief Minister. Governor appoints ministers on the advice of the Chief Minister, and thus on the recommendation of the Chief Minister, the Governor will accept the resignation of the minister. If Chief Minister Rosaiah advices ND Tiwari to accept the resignation then alone the ministers would lose their berth in cabinet. As it is well known, the high command of Congress party would decide that.

President’s Rule

Article 356 is a provision in case of failure of constitutional machinery in state. If the President, on receipt of report from Governor of a state or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by proclamation assume the administration of the state.

Whether resigning of members, before accepting resignations, would amount to failure of constitutional machinery?  It all depends on the report of the Governor, which again is in the hands of High Command of the Congress party. If the members elected six months ago would insist on the resignations, instead of dissolving the House, the Constitution provided for suspending the House for some time and revive it after restoring normalcy.

Assembly Resolution

There is no need for resolution from the legislative assembly, to create a new state in India. However, article 3 suggests that the President shall refer the bill for creation of separate state to the assembly of the state, the boundaries of which are affected. The State Assembly should give opinion within the prescribed period; such a period can be extended. The center can go ahead with formation of new state whether the concerned state agreed, disagreed or refused to respond. Central Cabinet has to advice the President to recommend the introduction of the Bill. That bill has to be approved by the parliament ultimately to create new state.