Governor–Legislature Relations: Walkouts Raise Constitutional Limits Debate
Core Issue
Governors walking out or selectively reading the customary address to State Legislatures raises questions about constitutional limits on gubernatorial discretion and the principle of responsible government.
Constitutional Provisions Discussed
Article 176(1) – Customary Address
• Governor shall address the State Legislature at the first session of every year
• Address reflects policies of the elected State government
• Constitutional duty, not discretionary
Article 175(1) – Special Address
• Governor may address the House at any time
• Bound by aid and advice of the Council of Ministers
Article 163 – Aid and Advice
• Governor must act on aid and advice except in narrowly defined discretionary areas
Article 356 – President’s Rule
• Mentioned only to clarify routine legislative functions do not justify discretion
Key Supreme Court Judgments
Shamsher Singh v. State of Punjab (1974)
• Governor is a constitutional head
• Must act on aid and advice
• Discretion is exceptional
Nabam Rebia v. Deputy Speaker (2016)
• Governor cannot interfere arbitrarily
• Discretionary powers must be explicit
• Constitutional limits cannot be crossed
B.R. Ambedkar’s view
• Governor is not meant to govern
• Acts on advice of elected government
• Personal discretion negates parliamentary democracy
