Part VI: The States

Chapter III: The State Legislature - Governor's Role

Article 175: Right of Governor to Address and Send Messages to the House or Houses

--- Original Article ---

(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Explanations

Article 175 establishes the Governor’s formal role within the legislative processes of a state, empowering them to address the legislative body and communicate essential messages to expedite legislative action. This provision emphasizes the Governor’s role as the state’s constitutional head, ensuring alignment between executive priorities and legislative functions.

Clause (1): Authority to Address the Legislature

Clause (1) of Article 175 permits the Governor to address either House or both Houses in a bicameral legislature, marking the Governor’s ability to guide legislative priorities and announce significant policy goals. This address often serves to open sessions or highlight key areas for legislative focus.

Example: During the annual budget session in Tamil Nadu, the Governor addresses the Legislative Assembly, outlining government initiatives for economic development and social welfare programs. This address serves as a prelude to the budgetary discussions, guiding the Legislature’s attention to priority areas.

Clause (2): Sending Messages to the House or Houses

Clause (2) allows the Governor to send messages to the legislature concerning any pending bill or other critical matters. Upon receiving the message, the legislative House is required to prioritize its consideration of the matter. This power ensures that significant issues receive timely attention within the legislative framework.

Example: Recently, the Governor of Kerala sent a message regarding a bill on environmental conservation that had been delayed in the legislative process. By doing so, the Governor ensured that the Assembly prioritized this bill, leading to a focused discussion and expedited passage.

Clause Analysis

• Clause (1): Authority to Address the Legislature: Enables the Governor to address the Legislative Assembly or both Houses, requiring members' attendance, to outline policy goals and legislative priorities.
• Clause (2): Sending Messages to the Legislature: Permits the Governor to send messages on bills or other matters, requiring the Legislature to consider them promptly.

Amendments

There have been no amendments to Article 175 since its inception. The article continues to serve its original purpose of facilitating communication between the Governor and the State Legislature.

Real-Life Example

• In Kerala, the Governor exercised his power under Article 175 to send a message to the Legislative Assembly emphasizing the urgency of passing a bill related to disaster management after the state faced severe floods. This action expedited the legislative process, ensuring timely implementation of necessary measures.

Historical Significance

This article draws inspiration from British parliamentary practices, where the monarch addresses Parliament and communicates through messages. In the Indian context, it emphasizes the Governor’s role as a constitutional head who can guide legislative focus on pressing matters without infringing on the autonomy of the Legislature.

Article 175 ensures that the executive branch, represented by the Governor, can highlight urgent issues or policy priorities directly to the legislative branch, fostering cooperation and timely legislative action.

Legislative History

Article 175 of the Indian Constitution was originally drafted and discussed as Article 154 in the Draft Constitution. It was incorporated into the Constitution on January 2, 1949. The article mirrors Article 86, which grants similar powers to the President at the Union level, thus maintaining consistency between the Union and the States in constitutional provisions.

Debates and Deliberations

During the Constituent Assembly debates, the President of the Assembly noted that Article 154 (now Article 175) was identical to Article 86, which had already been adopted, with the primary difference being that Article 154 pertained to the States while Article 86 pertained to the Union.

The Assembly agreed that just as the President should have the right to address and send messages to Parliament, the Governor should have similar rights concerning the State Legislature. This parity was deemed essential for maintaining the federal structure of governance and ensuring that state executives could effectively communicate with their legislatures.

As there were no objections or proposed amendments, Article 154 was adopted without further debate, reflecting consensus on the Governor's role in legislative processes.

References

• The Constitution of India, Article 175
• The Role of Governors in State Legislatures, National Law School of India University, 2019
• The Constituent Assembly Debates, Volume IX
• Basavaraiah v. Governor of Karnataka, AIR 2010 Kar 17