Why in News?
Recent walkouts by Governors during opposition-ruled State Assemblies have triggered debate on the constitutional limits of the Governor’s address under Article 176 and the scope of gubernatorial discretion.
Description:
Key Terms:
- Article 176: Governor’s address to the State Legislature at the commencement of the first session each year
- Constitutional morality: Adherence to the spirit, not just the letter, of the Constitution
- Aid and advice: Binding guidance of the Council of Ministers to the Governor (Art 163)
Constitutional Provision (Article 176):
- Mandates the Governor to address in the Legislative Assembly, or both Houses in case of a bicameral legislature
- Address outlines the policies and programmes of the State Government
- Address is prepared by the elected government, not the Governor
Nature of Governor’s Address:
- Executive function, not personal or discretionary
- Governor acts on aid and advice of the Council of Ministers
- No constitutional authority to alter, selectively read, or omit portions of the address, walk out or protest the content
Judicial Interpretation:
- Shamsher Singh vs State of Punjab:
- Governor functions as constitutional head, not real executive
- Must act on aid and advice except in limited situations
- Nabam Rebia case:
- Governor’s discretionary powers are narrow and exceptional
- Cannot act independently in legislative matters
- Rameshwar Prasad case:
- Emphasised judicial review of Governor’s actions impacting democracy
Limits on Gubernatorial Discretion:
- No discretion in Article 176 address
- Discretion exists only where the Constitution explicitly provides
- Governor cannot substitute personal views for elected government policy
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