Article 175 of the Costitution of India with Case law
Here is a detailed explanation of Article 175 of the Constitution of India, including its text, purpose, and relevant case law.
🧾 Article 175 – Right of Governor to Address and Send Messages to the House or Houses
🔹 Text of Article 175:
(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House or both Houses assembled together, and may for that purpose require the attendance of members.
(2) The Governor may send messages to the House or Houses, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
📌 Key Points and Interpretation
| Feature | Explanation |
|---|---|
| Governor’s Address | Similar to the President’s address under Article 86 and 87, the Governor can formally address the state legislature. |
| Messages to the House | The Governor can send messages to one or both Houses on any legislative or other matter. |
| Mandatory Consideration | The House must take such messages into consideration “with all convenient dispatch”, though not necessarily accept them. |
| Democratic Function | Reflects the ceremonial and advisory role of the Governor as the constitutional head of the state. |
⚖️ Important Case Law Related to Article 175
1. Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1
Issue: The Governor advanced the Legislative Assembly session without the aid and advice of the Council of Ministers.
Relevance: The Supreme Court held that Governor cannot act independently in summoning, proroguing, or addressing the House unless the Constitution specifically allows it.
Impact on Article 175: Reinforced that the Governor’s address under Article 175(1) is bound by constitutional conventions and ministerial advice.
2. K. A. Mathialagan v. Governor of Tamil Nadu, AIR 1973 Mad 198
Facts: Governor's power to send messages under Article 175(2) was questioned.
Held: Court recognized that the Governor has authority to send messages, but these cannot override the legislative process or force any legislative action.
3. SR Bommai v. Union of India (1994) 3 SCC 1
Although not directly on Article 175, the Supreme Court emphasized that the Governor is a constitutional head and must act within the framework of the Constitution, including while addressing or sending messages to the legislature.
🏛️ Practical Application of Article 175
The Governor addresses the first session of the year (Budget session) or the first session after an election – this is a constitutional duty derived from Article 175 (read with Article 176).
Sending messages is rare but can be used to express views or concerns on pending Bills, finance matters, or legislative conduct.
✅ Summary Table
| Topic | Details |
|---|---|
| Article Number | 175 |
| Applies To | Governor and State Legislature |
| Purpose | Governor's right to address and communicate with legislature |
| Clause (1) | Right to address Houses |
| Clause (2) | Right to send messages |
| Key Cases | Nabam Rebia (2016), K.A. Mathialagan (1973) |
| Governor's Power | Ceremonial and communicative, not coercive |
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