Date: 12/01/2023

Relevance: GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Key Phrases: Governor, State Government, Legislative Assembly, Resolution, Governor’s Address, Articles 175, Article176, Constitution, Conventions.

Why in News?

• In an escalation in the ongoing tussle with the ruling government in Tamil Nadu, Governor skipped a few words including, the ‘Dravidian model of governance thereafter the Chief Minister interrupted the speech and expressed regret that the Governor had avoided certain portions of the prepared address.
• Governor then walked out of the Assembly after Chief Minister moved a resolution which stated that only the customary speech by the government would go on record.

Why Is It Happening?

• Under Article 155: The Governor of a State shall be appointed by the President by warrant under his hand and seal.
• Several Governors have been appointed since 2014, including in states where the party ruling in the center is not in power. These include Tamil Nadu, Kerala and Telangana.
• This leads to a political war of attrition over several issues, primarily those seen as contentious. The ruling party considers the Governor a Centre’s extension trying to rule by proxy, while the latter thinks it’s their duty to enforce “course correction”.

The Conventions of the Governor’s Address to the Legislature:

• The Governor is expected to address the first Assembly session of the state every year and the first session of a new Legislature after a general election, under Articles 175 and 176 of the Constitution.
• The Governor’s address is prepared by the state government. It contains a review of the government’s activities and accomplishments in the previous year, its plans for the session, and policy and legislative proposals that the government plans on implementing in the coming year.
• It is prepared and submitted by the state government to the Governor beforehand, and it is the convention for the Governor to read it without any deviations.

Do Governors often show their difference of opinion with the address?

• There have been a few incidents where Governors openly disagreed with the contents of the address composed by the state government.
  • Kerala’s Governor in 2020 while reading the address mentioned that he was only reading out the statement to honour CM’s wish and that he did not agree with it.
  • Kerala’s Governor in 2018 omitted parts of the address that criticized the Union government for undermining principles of cooperative federalism.
  • In 2017, the Tripura Governor skipped parts of his speech drafted by the state government that was critical to the union government.
  • In 1969, the West Bengal Governor refused to read parts of the address prepared by the ruling government, which was critical of the Union government.
  • In 1969, Punjab Chief Minister reportedly agreed to a request from the Governor to remove comments from his address that were critical of the Union government.

Does A Governor Have The Right To Edit The Address Prepared By The Government?

• Calcutta High Court in Andul Gafoor Habibullah v. Speaker, West Bengal Assembly (1966) held that:
  • The governor cannot decline to deliver his address and refuse to fulfill his constitutional duty. Thus, the address under Article 176 is mandatory.
  • However, the HC held that when the governor fails to deliver his address under Article 176 and walks out of the House after laying down the address on the table of the House, this is mere irregularity, not illegality.
  • Thus, it cannot be questioned under Article 212, wherein the validity of the House proceedings cannot be challenged on the ground of mere irregularity in the procedure.
• The Calcutta HC in another incident held that the governor has the right to delete or not read irrelevant portions or portions which do not deal with the policy of the government.
  • He may cut down the irrelevant issues, which have nothing to do with the policy and the programmes of the state legislature and which may be calculated to mislead the legislature itself.

Conclusion:

• Governor’s editing/deleting the speech may create a constitutional crisis. The chief minister may refuse to defend the address in his response at the end of the debate on the governor’s address and with the chief minister commanding a majority, the House may reject the resolution on the governor’s speech.
• When the governor’s/president’s address faces such a defeat, it is considered a no-confidence motion and the chief minister or the prime minister as the case may be, needs to resign.
• The governor reigns but does not rule. His primary role as a learned counsellor is “to be consulted, to warn and to encourage”.
• Both governors and chief ministers, as constitutional functionaries, should respect each other and at least have a working relationship.

Source: The Indian Express

Mains Question:

Q. What are the constitutional implications of a governor deleting or adding paragraphs to the address? Discuss (150 words)