NABAM REBIA, AND BAMANG FELIX versus DEPUTY SPEAKER AND OTHERS

Citation: [2016] 6 S.C.R. 1 · Decided: 13-07-2016 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

f2016] 6 S.C.R. 1 
NABAM REBIA, AND BAMANG FELIX 
v. 
DEPUTY SPEAKER AND OTHERS 
(Civil Appeal Nos. 6203-6204of2016) 
JULY 13,2016 
[JAGDISH SINGH KHEHAR, DIPAK MISRA, 
MADAN B. LOKUR, PINAKI CHANDRA GHOSE 
AND N. V. RAMANA, JJ.] 
CONSTITUTION OF IND/A: 
Art.155 - Appointment and status of Governor - Held: A 
Governor is appointed by a warrant issued under the hand and 
seal of the President under Art.155, and his term of office enures 
under Art.156, during the pleasure of the President - A Governor 
is an executive nominee, and his appointment flows from the aid 
and advice tendered by the Council ·of Ministers with the Prime 
Minister as the head, to the President. 
Art. 163 - Power of Governor to exercise his discretion -
Scope of - Held: Art.163 does not give the Governor a general 
discretionary power to act against or without the advice of his 
Council of Ministers - The area for the exercise of his discretion is 
limited - Even in this limited area, his choice of action should not 
be arbitrary or fanciful - It must be a choice dictated by reascm, 
actuated by good faith and tempered by caution - Under Art.163(1) 
the discretionary power of the Governor extends to situations, 
wherein a constitutional pr.ovision expressly·requires the Governor 
to act in his own discretion - Any discretion exercised beyond the 
Governor '.s jurisdictional authority, would certainly be subject to 
iudicial review - The judgment rend_ered in the Mahabir Prasad 
Sharma by the High Court of Calcutta does not lay down the correct 
legal position as it confers excessive powers on the Governor, well 
beyond his status as a formal or constitutional head of the Executive 
- The' constitutional position declared therein, With reference to 
Af't.163(2), is accordingly set aside. 
Arts.163, 17 4, 179 - Removal of the Speaker (or the Deputy 
Speaker) under Art.179 - Role of Governor:._ Held: Governor has 
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SUPREME COURT REPORTS 
[2016] 6 S.C.R. 
no role whatsoever, in the removal of the Speaker (or the Deputy 
Speaker) under Art.179 - The question of adoption or rejection of 
a notice of resolution, for the removal of the Speake1~ is to be 
determined by the legislators - If the resolution for the Speakers 
removal is supported by a simple majority of the members of the 
House, the motion has lo be adopted, and the Speaker has to be 
removed - Failing ll'hich, the motion has to be rejected -Any action 
taken by the Governor, based on disputations, with reference to 
activities in ll'hich he has no role to play, is liable to be considered 
as extraneous. 
Arts. 163, 166, 168 - Powers of Governor to exercise executive 
and legislation function - Held: Governor has a limited scope of 
authority, relating to the exercise of executive functions, in his own 
discretion, i.e., without any aid and advice - The said limited power 
of the Governor is exercisable in situations, expressly provided for 
"by or under" the provisions of the Constitution - Likewise, even 
though Art.168 includes the Govern01; and pronounces him to be a 
part of the State Legislature, the provisions of the Constitution extend 
no legislative responsibility to him, within the precincts of the House 
or Houses of the State Legislature -
Governor does not participate 
in debates within the Legislature, nor does he have any role in any 
activity which would result in the passing of a Bill, on the floor of 
the House -
All in all, the legislative jimctionality constitutionally 
extended to the Governor, is extremely limited. 
Arts.163, 174, 179 - Role of Governor in scheduling the 
functioning of the Assembly - Held: It is not for the Governor to 
schedule the functioning of the Assembly - It is also not in the 
Governor~· domain, to schedule the agenda of the House - The 
Governor has no role ll'ith reference to the ongoings in the Assembly 
- The Governor must keep away. ji·om all that goes on, within the 
House - The order of the Governor dated 9.12.2015 preponing the 
6th session of the Arunachal Pradesh Legislative Assembly, from 
14.1.2016, to 16.12.2015 is violative of Art.163 r.w. Art.174 and as 
such, is quashed- The message of the Governor dated 9.12.2015, 
directing the manner of conducting proceedings during the 61h session 
of the Arunachal Pradesh Legislative Assembly, from 16.12.2015 
to 18.12.2015, is violative of Art.163 1:w. Art.175 and as such, is 
quashed - All steps and decisions taken by the Arunachal Pra
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