Article 175

Article 175 of the Constitution of India defines the Governor’s powers in relation to the State Legislature, specifically his or her right to address and send messages to the Legislative Assembly and, where applicable, the Legislative Council. The provision establishes the Governor as a constitutional bridge between the Executive and the Legislature, ensuring communication, coordination, and coherence in the functioning of State governance.

Constitutional Context and Purpose

The inclusion of Article 175 reflects India’s adoption of the parliamentary system of government at the State level. While the Governor is the constitutional head of the State, executive authority is exercised in the name of the Governor, and legislative accountability is maintained through interaction between the Executive and the Legislature.
Article 175 provides the constitutional framework for this interaction by granting the Governor the right to address the Legislature and communicate through messages. The provision mirrors Article 86 of the Constitution, which confers similar powers on the President at the Union level.
The primary purpose of Article 175 is to ensure that the Governor can convey the government’s policies, priorities, and concerns to the legislative bodies and facilitate legislative consideration of important issues.

Governor’s Right to Address the Legislature

Under Article 175, the Governor has the right to address the Legislative Assembly or both Houses of the Legislature if the State has a Legislative Council. The Governor may also require the attendance of all members during such an address.
The address serves several important purposes:

• It marks the formal opening of a legislative session.
• It provides an opportunity to outline the government’s policies and legislative agenda.
• It allows the Executive, through the Governor, to communicate priorities, achievements, and challenges to the elected representatives.

Typically, the Governor’s address occurs:

• At the commencement of the first session of each year, and
• At the first session after a general election to the Legislative Assembly.

While these occasions are expressly mentioned in Article 176 (Special Address), the Governor may also address the Legislature at other times under Article 175(1), when considered necessary for communicating government matters or responding to legislative developments.
The Governor’s address is generally prepared by the Council of Ministers, reflecting the government’s collective policy decisions. The Governor’s role in delivering the address is therefore largely ceremonial and constitutional, aligning with the principle of responsible government.

Governor’s Right to Send Messages

Article 175(2) empowers the Governor to send messages to the House or Houses of the State Legislature regarding pending Bills or any other matters. The provision obliges the Legislature to consider such messages with all convenient despatch, meaning that messages from the Governor must receive prompt and serious attention.
The Governor may use this power to:

• Recommend reconsideration of a pending Bill or legislative proposal.
• Draw attention to specific issues requiring legislative deliberation.
• Communicate urgent matters relating to public welfare, governance, or constitutional propriety.

This power reinforces the Governor’s role as a constitutional communicator rather than a legislative authority. It ensures that the Executive can formally engage with the Legislature while maintaining the constitutional balance between the two branches.

Nature and Scope of the Governor’s Powers

Although Article 175 vests these powers formally in the Governor, they are to be exercised on the advice of the Council of Ministers, in accordance with Article 163. The Governor’s discretion in legislative matters is extremely limited and arises only in exceptional circumstances explicitly recognised by the Constitution, such as during a constitutional breakdown under Article 356.
Therefore, the Governor’s addresses and messages typically reflect the policy and position of the State Government rather than personal opinion. This convention reinforces the collective responsibility of the Council of Ministers to the Legislature.

Legislative Procedure and Significance

The procedure surrounding the Governor’s communication with the Legislature underscores the parliamentary character of the Indian system:

• The Governor’s address at the beginning of a session is a key constitutional event, often followed by a motion of thanks, during which members discuss and debate the government’s policies.
• Messages sent under Article 175(2) are usually referred to the Speaker (in the Assembly) or the Chairman (in the Council) for circulation and discussion.
• These communications help shape the legislative agenda and encourage cooperation between the executive and legislative wings of government.

Historical Background and Parliamentary Influence

The practice of heads of state addressing the legislature has its roots in the British parliamentary system, where the monarch’s speech at the opening of Parliament outlines the government’s policies for the coming session. India’s Constitution adopted this principle, adapting it to the framework of a democratic republic where the head of the State (Governor) acts under the advice of the elected government.
Thus, Article 175 embodies the constitutional principle of executive accountability through legislative engagement while preserving the ceremonial dignity of the Governor’s office.

Judicial Interpretations and Key Supreme Court Judgments

Over the years, the Supreme Court has clarified the constitutional limits of the Governor’s role under Article 175:

• Shamsher Singh v. State of Punjab (1974): This landmark judgment clarified that the Governor, like the President, must act on the aid and advice of the Council of Ministers, except in matters where the Constitution expressly provides discretion. Consequently, the right to address or send messages to the Legislature under Article 175 must follow ministerial advice.
• State of Rajasthan v. Union of India (1977): The Court examined the relationship between the Centre and States, noting that the Governor functions as the constitutional link in legislative and administrative communication, not as an independent authority.
• K. S. Puttaswamy v. Union of India (2017): Although primarily concerning the right to privacy, the judgment highlighted the importance of transparent communication in governance, indirectly reaffirming the Governor’s constitutional role as a facilitator of communication between branches of government.

These judicial pronouncements collectively reinforce that the Governor’s powers under Article 175 are formal and procedural, not discretionary or executive in the political sense.

Related Constitutional Provisions

Article 175 functions in close association with other constitutional articles governing the relationship between the Governor and the State Legislature:

• Article 174: Empowers the Governor to summon, prorogue, and dissolve the State Legislature.
• Article 176: Provides for the Governor’s special address at the commencement of the first session after each general election and each year.
• Article 167: Requires the Chief Minister to communicate all decisions of the Council of Ministers to the Governor.

Together, these provisions form a coherent system of communication and accountability between the Executive and the Legislature.

Practical and Political Implications

Article 175 has significant practical importance in the functioning of State Legislatures:

• The Governor’s address serves as a policy statement of the government, outlining proposed laws, economic priorities, and development initiatives.
• Messages from the Governor can influence legislative discussions, especially when they concern urgent or sensitive policy matters.
• The provision facilitates transparent governance by ensuring that the Executive formally communicates its views and legislative plans to the people’s representatives.