Power of Governor Vs Speaker of Legislative Assembly

Consider the following statements:

1. The Governor has the power to return any bill for reconsideration of the State Legislature.

2. The Powers of the Governor in terms of summoning the sessions of the Parliament override that of the Speaker of Legislative Assembly.

3. The Governor is recognized as the guardian of privileges of the House, though not constitutionally recognized authority representing the House.

4. The role of the Governor is to function as a vital link or bridge between the Union and the State Government.

Which of the above statements is/are incorrect?

a) 1 and 3 only

b) 1, 2, and 3

c) 2, 3 and 4

d) 3 and 4

Answer: A

Solution:

1. The Governor has the power to return a bill, except Money Bill, for reconsideration of the State Legislature.

3. The Speaker is recognized as the guardian of privileges of the House and constitutionally recognized authority representing the House.

Enrich your Learning:

Power of Governor Vs Speaker of Legislative Assembly:

• Parliamentary democracy envisages (i) representation of the people, (ii) responsible Government, and (iii) accountability of the Council of Ministers to the Legislature.
• Overlapping of powers is prevalent not only between the three organs of the State but also between each of the organs and its machineries and offices.
• However, such overlapping of powers and functions has been saved by judicial activism, which otherwise would have led to anarchy and failure of constitutionalism.

Constitutional Provisions for Governor:

• Article 154: Governor shall be vested with the executive power of the State to be exercised by him directly or through officers subordinate to him in accordance with the Constitution.
• The term of the office of the Governor bridges on the pleasure of the President (maximum period of five years).
• Article 163: It mandates that there shall be a Governor in each State and such person must be a citizen of India and have completed thirty-five years of age.
• Article 163(2): It is permissible for the Governor to act without ministerial advice in certain situations even though they may not specifically be mentioned in the Constitution as discretionary functions.
• For e.g. under Article 356(1) if no advice is available from the Council of Ministers, who are responsible for the breakdown of constitutional machinery, or where one Ministry has resigned, and the other alternative Ministry cannot be formed.

Constitutional and other Provisions for Speaker:

• Article 178: It mandates a Speaker and Deputy Speaker of the State Legislative Assembly.
• The office of the Speaker denotes the values on which parliamentary system of the Government is based. 
• The Speaker is conferred with the powers and privileges of the State Legislature under Articles 96(2), 120(1), 100(4), 189(4), 195(1) and 210(1).
• Moreover, the rules of procedure of respective houses uphold the concept of constitutional morality and responsible for the conduct of assembly proceedings as a guardian.
• The Speaker is in charge and command of the proceedings of the House and such exercise of powers are normally protected under the concept of parliamentary privileges under Articles 122 and 212.

Link between Legislature and Executive:

• Speaker is a link between the House, executive Government and Governor, the three pillars of a State Legislature. 
• The House is sovereign in the matter to frame its own rules of procedure and the conduct of business.
• As per Article 163, Governor shall be advised by the Council of Ministers (CoM) with the Chief Minister as the head in the exercise of his functions.
• An exception to this is the Governor’s discretionary powers under the Constitution or, any law framed thereunder.
• Governor, being the custodian of all executive and other powers under the Constitution, is required to exercise his formal constitutional powers, only upon aid and advice of his CoM.
• He/She is bound to act under the Rules of Business framed under Article 166(3).
• Article 200: It lays down that when a Bill, passed by a State Legislature, is presented to the Governor for their assent, they have four alternatives:
  • To give assent to the Bill;
  • Withhold assent to the Bill (reject the Bill in which case the Bill fails to become law);
  • Return the Bill (if it is not a Money Bill) for reconsideration of the State Legislature;
  • Reserve the Bill for the consideration of the President.

Important Judgements on this matter:

Hargovind Pant v. Raghukul Tilak, 1979:

• Governor is not an employee or servant of anyone, but constitutes an integral part of the State legislature.
• Legislative power to promulgate Ordinances while the Houses of the Legislature are not in session and exercises the sovereign power to grant pardons on any offense under state legislature.
• The power to summon each House of the Legislature, prorogue either House or to dissolve the legislative assembly.
• He is also entitled to address either House or both Houses of the Legislature assembled together and send messages to the House with respect to a Bill then pending in the legislature or otherwise.

P Singhal v. Union of India, 2010:

• It followed the judgment of S.R. Bommai case and held that the role of the Governor is to function as a vital link or bridge between the Union and the State Government.
• He is required to discharge the functions related to his different roles harmoniously, assessing the scope and ambit of each role properly.

Shivraj Singh Chouhan v. Speaker, Madhya Pradesh Legislative Assembly, 2020:

• It clarifies powers and limitations of the Governor and Speaker in regard to calling for a trust vote in the Assembly in an ongoing Government.
• The Governor’s authority to call for a trust vote is not meant to oust elected governments but to intervene cautiously when circumstances suggest a loss of majority.
• The purpose is to ensure careful consideration before any displacement of duly elected officials.
• This power is granted to the Governor to ensure that the principle of collective responsibility is always maintained and must be exercised with caution.

Recent order by Supreme Court on Punjab Governor:

• There is no valid constitutional basis to cast doubt on the validity of the session of Legislative Assembly, and would fraught with great perils to democracy.
• The speaker is recognized to be the guardian of the privileges of the House and the constitutionally recognized authority who represents the House.
• The Governor had no power to order a trust vote in the course of an ongoing legislative assembly or while the legislative assembly was in session.
• Even if the Governor did possess such power, the exercise of the power impinges upon the authority entrusted to the Speaker under the provision of Article 190(3)(b) and the Tenth Schedule to the Constitution.