Rajasthan Government crisis: When can a Governor use his discretion?

Ashok Gehlot chaired a cabinet meeting followed by a fresh proposal to the Governor of Rajasthan seeking Assembly Session from July 31, 2020. This was in response to the Governor's query on holding the session amid the global pandemic.

In its earlier proposal, the Gehlot Government wanted to conduct a floor test in the Assembly to prove its majority, after facing tensions from former Deputy CM of Rajasthan, Sachin Pilot and 18 MLAs that are loyal to the Pilot. To this, the Governor of Rajasthan turned down the proposal stating that a 21-day notice is mandatory to call for an Assembly Session. Also, no reason to hold a Session in the House was cited by the Gehlot Government neither the date was mentioned from which the session was to be called for. However, the fresh proposal has no mention about the floor test by the Gehlot Government and the Governor has not yet responded to the fresh recommendations. 

With the Rajasthan Government crisis, the role of the Governor is in the spotlight. So the question arises, can a Governor summon or dissolve the House? 

It is known that the Governor cannot refuse the request of the Cabinet for Assembly sitting for legislative purposes or if the majority of the ruling party is in question. In 2016 Uttarakhand case, the court passed a judgement that if the majority of the ruling party is in question, a floor test must be conducted at the earliest possible. The same year, a Constitution Bench of the Apex Court in Arunachal Pradesh Assembly case stated that the power to summon or dissolve the House is not solely enjoyed by the Governor. 

The Governor can only use his discretion when the majority of the ruling party is in question. In such a scenario, the Governor can conduct a floor test and must not wait for the advice of the Council of Ministers. However, in Rajasthan's scenario, Governor Kalraj Mishra has turned down the request to hold Assembly Session in view of the COVID-19 pandemic. Also, the MLAs who have rebelled against the Congress Party have stated before the High Court of Rajasthan that they haven't left the Congress Party and were only expressing their dissent. 

Article 174 of the Indian Constitution

As per the Article 174 of the Indian Constitution, (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session (2) The Governor may from time to time
(a) Prorogue the House or either House;
(b) dissolve the Legislative Assembly

The phrase 'as he thinks fit' in the Article 174 of the Indian Constitution is read as 'the Governor acts on the aid and advice of the Cabinet', as per Article 163 of the Indian Constitution. 

Article 163 of the Indian Constitution

(1) There shall be a council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion
(3) The question whether any and if so what, the advice was tendered by Ministers to the Governor shall not be inquired into in any court