Issues surrounding Governor’s address
What’s in the news?
- There have been a series of issues in Opposition-ruled States with respect to the address by the Governor to the State legislature at the commencement of the first session of the year.
- This has raised constitutional and political questions about the Governor’s role in the State legislature.
Historical Background
- Section 63 of the Government of India Act, 1935 (GOI Act) provided that the Governor may in his discretion address the Provincial legislature.
- Starting from 1937, when provincial autonomy started under GOI act, the Governor’s speech was prepared in consultation with the Council of Ministers in Provinces that laid down the legislative agenda.
Constitutional Provisions
- Article 175 of the Constitution specifies that the Governor may address the house(s) of the State legislature. This is not a mandatory address and may be rarely used by a ruling government.
- Article 176, on the other hand, provides that the Governor shall address the house(s) of the State legislature 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.
- This is a mandatory address to be prepared by the Council of Ministers, and delivered by the Governor, outlining the government’s achievements in the previous year and its roadmap for the policies in the ensuing year.
- This address is also provided whenever a new assembly is constituted to enable a newly sworn in Council of Ministers to outline their policies to the elected representatives and through them to the citizens at large.
- The Supreme Court in Shamsher Singh vs State of Punjab (1974) had held that the Governor is only a constitutional head who acts on the advice of Council of Ministers.
- In Nabam Rebia vs Deputy Speaker (2016), the Supreme Court reiterated that the address under Article 175 or 176 is to be performed by the Governor on the aid and advice of Council of Ministers.