Article 174 and 175 of the Constitution of India: State Legislature Sessions and Governor's Messages
Articles 174 and 175 form part of the constitutional framework governing State Legislatures. Article 174 deals with summoning the House or Houses, prorogation and dissolution of the Legislative Assembly. Article 175 deals with the Governor's power to address the State Legislature and send messages to it.
Article 174 - Sessions of the State Legislature, prorogation and dissolution
Article 174 regulates three connected constitutional matters: summoning a State Legislature, proroguing a House, and dissolving the Legislative Assembly.
Article 174(1): The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
Article 174(2): The Governor may from time to time -
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.
Meaning of important terms in Article 174
- Summon: To formally call the Legislative Assembly, or each House where the State has a Legislative Council, to meet at a specified time and place.
- Session: A period during which a House meets to conduct legislative business, beginning with its first sitting after being summoned and ending when it is prorogued.
- Prorogation: Formal termination of a session of a House without dissolving the Legislative Assembly itself.
- Dissolution: Termination of the life of the Legislative Assembly. A Legislative Council, where one exists, is a continuing House and is not dissolved.
Six-month constitutional limit between sessions
The text of Article 174(1) does not require the Legislature to remain continuously in session. It fixes an outer constitutional limit: six months cannot intervene between the last sitting of one session and the first sitting of the next. The provision therefore ensures periodic meetings of the State Legislature.
Governor's role under Article 174
The powers of the Governor under Article 174 operate within the broader parliamentary system established by the Constitution, including Article 163 concerning aid and advice of the Council of Ministers. The Supreme Court has explained in its constitutional jurisprudence that the Governor ordinarily exercises the power to summon and prorogue the House on ministerial aid and advice, while questions concerning loss of legislative confidence are ordinarily tested on the floor of the House and the Governor's constitutional action remains subject to judicial review.
Article 175 - Right of Governor to address and send messages to the House or Houses
Article 175 gives the Governor a constitutional means of formally communicating with the State Legislature. It applies to the Legislative Assembly and, in a State having a Legislative Council, to either House or both Houses as applicable.
Article 175(1): The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
Article 175(2): The Governor may send messages to the House or Houses of the Legislature of the State, 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 despatch consider any matter required by the message to be taken into consideration.
Meaning and scope of Article 175
Clause (1) permits the Governor to address the Legislative Assembly, either House in a bicameral State Legislature, or both Houses assembled together. Clause (2) permits messages concerning a Bill pending before the Legislature or another matter. The House receiving such a message is constitutionally required to consider the matter with all convenient despatch.
Article 175 and the Governor's special address under Article 176
Article 175 should be distinguished from Article 176. Article 175 provides a general power to address the Legislature and send messages. Article 176 separately requires a special address at the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year.
Official constitutional text and further reading
For authoritative reference, readers should consult the current text of the Constitution published by the Government of India. Constitutional provisions should also be read with applicable Supreme Court judgments where the scope of the Governor's powers is in issue.
Legal information page updated for the current constitutional framework. This page is for general legal information and should not be treated as a substitute for case-specific legal advice.