Nabam Rebia v Deputy Speaker (2016)

Constitutional Law II · The Executive

Facts.

The Governor of Arunachal Pradesh advanced the Assembly session and set its agenda on his own, precipitating a change of government, without the aid and advice of the Council of Ministers.

Issue.

How wide is the Governor’s discretion under Article 163, and can he act independently on such matters?

Held.

The Supreme Court held the Governor’s discretion is limited to the functions the Constitution expressly assigns to his discretion; on the timing and conduct of Assembly business he must act on ministerial advice, and a government’s majority is to be tested on the floor of the House, not by the Governor.

Why it matters.

It fixes the modern boundary of gubernatorial discretion and reinforces the floor-test rule from Bommai — the answer key to Governor-dismissal problems.

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