Constitution of India
Article 175: Right of Governor to address and send messages to the House or Houses
Part VI — The States (Chapter III — The State Legislature, General)
Clause (1)
WHAT IT SAYS: The Governor may address the Legislative Assembly, or either House or both Houses assembled together (in bicameral States), and may require the attendance of members for that purpose. WHAT IT MEANS: This gives the Governor a discretionary (not mandatory) right to speak to the legislature at any time — distinct from the compulsory address under Article 176. KEY DOCTRINE: Aid and Advice Doctrine — the Governor's address under Clause (1) is an executive function performed on the aid and advice of the Council of Ministers (Article 163), not a personal discretionary power.
Clause (2)
WHAT IT SAYS: The Governor may send messages to the House or Houses regarding a pending Bill or otherwise, and the House must consider any matter required by the message with all convenient despatch. WHAT IT MEANS: This creates a formal executive-to-legislature communication channel; the legislature is constitutionally obligated to give prompt attention to such messages, but they cannot override the legislative process or dictate outcomes. KEY DOCTRINE: Bill vs. Resolution Distinction — the Supreme Court held in Union of India v. Valluri Basavaiah Chaudhary (1979) that the Governor cannot send messages under Article 175(2) regarding resolutions; this power applies only to Bills.
Constitutional Inspiration
SOURCE(S): 1. British Parliamentary Convention — King's/Queen's Speech at the State Opening of Parliament. Original provision: The Monarch reads a speech (written by the Cabinet) outlining the government's legislative programme at the start of each parliamentary session. What India kept: The concept of the Head of State addressing the legislature to communicate government policy, adapted for both the President (Art. 86) and the Governor (Art. 175). 2. Government of India Act, 1935 — Sections 63 and 75 (Governor's powers vis-à-vis Provincial Legislatures). Original provision: The Governor could address and send messages to provincial legislatures. What India kept: Nearly identical language transplanted into Article 175. INDIA'S SPECIFIC ADAPTATIONS: 1. Governor is a nominated (not hereditary) head — Because India is a democratic republic, not a monarchy. 2. Article 163 binds the Governor to act on ministerial advice — To prevent the Governor from using the address as a personal policy platform. 3. Article 175 is discretionary ('may'), while Article 176 is mandatory ('shall') — Framers separated routine addresses from special opening-session addresses to clarify constitutional duties.
Constituent Assembly Debate
DEBATED ON: 2nd June 1949 (CAD Volume VIII) KEY SPEAKERS: 1. Draft Article 154 (now Art. 175) was adopted without debate on 2 June 1949 — no amendments were moved or discussed specifically on this provision. 2. The corresponding provision for the President (Draft Article 86) had been debated earlier, and the same framework was mirrored for the Governor without controversy. MAJOR DISAGREEMENTS: 1. No recorded disagreements on Draft Article 154 specifically — it was considered non-controversial and adopted as presented by the Drafting Committee. 2. Broader debates on Governor's discretionary powers occurred under Draft Articles 143 (Art. 163) and 175 of the Draft (Art. 200 — assent to Bills), where members like H.V. Kamath, Brajeshwar Prasad, and Prof. Shibban Lal Saksena debated the extent of gubernatorial independence. FINAL OUTCOME: Draft Article 154 was adopted as introduced, without any amendment, on 2 June 1949. AMBEDKAR'S KEY QUOTE (on Governor's powers generally, Art. 163 debate): "Except in so far as he is by or under this Constitution required to act in his discretion, the Governor shall act on the advice of his Ministers."
Landmark Judgments
LANDMARK JUDGMENTS: 1. Shamsher Singh v. State of Punjab (1974) — The Governor is a constitutional head and must act on the aid and advice of the Council of Ministers; the right to address/send messages under Art. 175 is not a personal discretionary power. 2. Union of India v. Valluri Basavaiah Chaudhary (1979) — The Governor's right to send messages under Art. 175(2) applies only to Bills, not to resolutions of the House; the Governor is bound by ministerial advice in all such matters. 3. Nabam Rebia v. Deputy Speaker (2016) — A five-judge bench held that the Governor's address under Art. 175(1) and messages under Art. 175(2) are executive functions requiring aid and advice; messages cannot dictate legislative agenda, presiding arrangements, or freeze anti-defection proceedings. 4. S.R. Bommai v. Union of India (1994) — The Governor must not become an agent of the Centre in subverting elected State governments; reinforced limits on gubernatorial conduct in legislative interactions. NOTABLE DISSENTS (if any): 1. No notable recorded dissents on Art. 175 specifically — all major judgments on this article have been unanimous or majority decisions without significant dissent on this provision. SCHOLARS & JURISTS: 1. D.D. Basu — Article 175 mirrors Article 86 (President's right) at the State level; the Governor's address reflects the government's policy, not the Governor's personal views. 2. M.P. Jain — The Governor's messages under Art. 175(2) are a formal device for executive-legislative dialogue and cannot compel legislative action; they are persuasive, not mandatory directives.