Part VI: The States

Chapter III: The State Legislature - Governor's Address

Article 176: Special Address by the Governor

--- Original Article ---

(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.

Explanations

Article 176 of the Constitution of India requires that the Governor of each State address the Legislative Assembly or both Houses, in States with a bicameral legislature, at specified times. This address is a formalized opportunity for the Governor, representing the State executive, to communicate directly with the Legislature, informing members of the session’s purpose and the government’s upcoming policies and initiatives.

Clause (1): Governor’s Address Requirement

According to Clause (1), the Governor is obligated to address the Legislative Assembly, or both Houses, at the beginning of the first session after a general election to the Legislative Assembly and the first session of each year. The Governor’s address typically includes an outline of legislative priorities, policies, and objectives set by the government for the upcoming session.

Amendment (1951): This clause originally required the Governor to address the Legislature at the commencement of “every session.” The Constitution (First Amendment) Act, 1951, revised this to reduce the frequency to the first session after each general election and the initial session of each year, enhancing procedural efficiency.

Clause (2): Allocation of Time for Discussion

Clause (2) mandates that procedures be established to allocate time for legislative members to discuss matters referenced in the Governor's address. This provision encourages thorough examination of the executive's legislative priorities and accountability of the State government.

Amendment (1951): Originally, Clause (2) contained a provision to grant priority to discussions on the Governor’s address over other business. This wording was later omitted to provide flexibility in scheduling legislative business.

Clause Analysis

• Clause (1): Governor’s Address Requirement: Obliges the Governor to inform the Legislature of session objectives at the commencement of each session.
• Clause (2): Discussion Time Allocation: Ensures time is provided to discuss the matters presented in the Governor's address.

Amendments

First Amendment Act, 1951: Changed the Governor's address frequency to the initial session after each election and the first session each year, making the procedure more efficient.

Real-Life Example

• In West Bengal, the Governor’s address at the beginning of the legislative year highlights critical issues like public safety, education, and rural development. Legislators are then provided time to discuss and critique the State’s policy agenda, facilitating a forum for constructive feedback.

Historical Significance

This provision is modeled after the British practice where the Crown addresses Parliament to set legislative priorities, adapted to suit India’s democratic structure. The Governor’s address acts as a conduit for introducing State policy, fostering transparency and legislative scrutiny.

Legislative History

Article 176 of the Indian Constitution, originally drafted and discussed as Article 155 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Deliberations

During the discussion, the President observed that Article 155 is identical to Article 71, previously adopted, with the primary difference being that Article 155 pertains to the States, whereas Article 71 pertains to the Union. Upon inquiring, all Honourable Members agreed to adopt Article 155 without any further discussion or amendments. Consequently, Article 155 was officially incorporated into the Constitution.

References

• Constitution of India, Article 176
• Historical Notes on the First Amendment of the Constitution