Relevance: GS II (Polity – Governor’s Powers) | Source: The Hindu / Supreme Court Judgments

1. The Context: A “Gubernatorial Walkout”

A constitutional controversy has erupted in states like Karnataka, Tamil Nadu, and Kerala. Governors have recently “walked out” of the Assembly or skipped paragraphs during the Special Address.

• The Conflict: State governments argue that the Governor is merely the “constitutional mouthpiece” and must read the speech prepared by the elected Cabinet in toto (fully).
• The Defense: Some Governors argue they cannot be forced to read content they fundamentally disagree with or find factually incorrect.

2. The Constitutional Mandate (Article 176)

• The Rule: Article 176(1) mandates that the Governor “shall” address the State Legislature at the commencement of the first session of each year.
• The Nature: This address is not the Governor’s personal opinion. It is a statement of policy of the elected government (similar to the President’s address to Parliament).
• Binding Nature: Since the Governor acts on the “Aid and Advice” of the Council of Ministers (Article 163), legal experts argue they have no discretion to edit or censor the speech.

3. What Does the Supreme Court Say?

The apex court has settled this debate in two landmark judgments:

• Shamsher Singh vs. State of Punjab (1974): A 7-judge bench ruled that the Governor is a “formal constitutional head”. He/she must strictly act on the aid and advice of the Ministers. The court warned that giving the Governor too much power would make them a “Reincarnation of the colonial Secretary of State”—an unelected autocrat.
• Nabam Rebia Case (2016): The Constitution Bench clarified that the Governor’s discretionary powers are extremely limited (e.g., inviting a CM during a hung assembly). Reading the address under Article 176 is NOT a discretionary function.

UPSC Value Box

Q. With reference to the constitutional powers of the Governor, consider the following statements:

1. Article 176 of the Constitution mandates the Governor to address the State Legislature at the commencement of the first session of each year.
2. The Supreme Court in the Shamsher Singh case (1974) ruled that the Governor can exercise vast discretionary powers in day-to-day administration.
3. The Governor’s address to the House is essentially a statement of policy of the elected Council of Ministers.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Correct Answer: (b)