Governor’s Power to Address the State Legislatures

Source: DH

Subject: Polity

Context: Several States have seen fresh confrontations with Governors over the content and reading of the Governor’s Address to the State Legislature, raising questions on constitutional propriety.

About Governor’s Power to Address the State Legislatures:

What it is?

• The Governor’s Address is a constitutional formality at the beginning of the first session of a State Legislature after elections and at the start of the first session of every year.

• It outlines the policies and priorities of the elected State government, not the personal views of the Governor.

Constitutional articles involved:

• Article 163: Governor acts on the aid and advice of the Council of Ministers, except in constitutionally specified discretionary matters.

• Article 174: Power to summon, prorogue and dissolve the State Legislature (to be exercised on Cabinet advice).

• Article 175: Governor may address or send messages to the House.

• Article 176: (1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

• (1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

• (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

Powers of the Governor:

• Mandatory address, not discretionary speech: The Governor is constitutionally required to address the House but cannot alter, omit, or rewrite the speech prepared by the elected government.

• No independent policy authority: The Address reflects the Council of Ministers’ agenda, reaffirming democratic accountability.

• Limited discretion in summoning sessions: As clarified by courts, the Governor cannot unilaterally summon or delay sessions contrary to Cabinet advice.

• Symbolic constitutional role: The address is meant to communicate government policy, not act as a veto or critique mechanism.

• Procedural compliance: Rules of the House provide time for discussion on the Address, reinforcing legislative scrutiny rather than gubernatorial control.

Key court judgements:

• Nabam Rebia v. Deputy Speaker (2016): The Supreme Court held that the Governor cannot exercise discretion in summoning the Assembly under Article 174 and must act on aid and advice.

• Rajasthan High Court (1966): Held that even a partial reading of the Governor’s Address satisfies constitutional requirements; it is an irregularity, not illegality.

• Syed Habibullah v. Speaker, West Bengal Assembly (Calcutta HC): Ruled that the Address is mandatory, but defects in delivery do not invalidate legislative proceedings.

Significance:

• Federal balance: Reinforces that Governors are constitutional heads, not parallel power centres.

• Democratic legitimacy: Protects the authority of elected State governments over policy articulation.

• Institutional harmony: Prevents politicisation of the gubernatorial office.