Governor’s Address to Legislative Assembly: Recent Controversy and Constitutional Role

Why in news?

• The Governor of Tamil Nadu recently walked out of the Legislative Assembly without delivering the customary address, citing an insult to the Constitution of Bharat and the National Anthem.
• The incident occurred when the assembly disagreed on singing the National Anthem before the governor’s address, leading to a walkout by the governor.

Governor’s View

• The Governor justified his actions by referencing the National Anthem Code, explaining that the disrespect shown to the National Anthem was a violation of constitutional norms.
• He emphasized that this was not just a procedural matter but a matter of national pride and constitutional integrity.

Chief Minister’s View

• The Chief Minister pointed out that since 1991, the practice in Tamil Nadu Assembly had been to sing the National Anthem after the Governor’s address, a long-standing convention in the state.
• The CM also mentioned that similar disputes had arisen in previous years over the format of the address.

Constitutional Provisions

• Article 87 and Article 176: Both the President and the Governor are empowered to address the legislature on two occasions:
  • After general elections to inaugurate the new legislature.
  • At the first sitting of the legislature each year.
• Governor’s Address: Modeled after the Queen’s Address in the UK, this is a formal speech delivered by the Governor to outline the government's policies, accomplishments, and legislative proposals.

Role of Governors in the Legislative Assembly

• Integral Part of the Assembly: The Governor is responsible for calling the assembly to session and dissolving it.
• Article 176: Specifies the Governor’s duty to address the assembly at the beginning of each year and after general elections.
• Prepared by the Government: The Governor’s speech is prepared by the Council of Ministers as per Article 163, based on the advice of the government.
• Discretion: According to the Shamsher Singh vs State of Punjab case, the Governor must follow the advice of the Council of Ministers, and there is no discretion to alter the speech’s content, except to omit irrelevant portions.

Content of the Governor’s Address

The Governor's address typically includes:

• Legislative and policy proposals for the upcoming year.
• Government's achievements and initiatives from the previous year.

The address follows the British convention and serves as a platform for the government to communicate its policies and vision to the assembly.

Larger Picture

• Governor-Central-State Relations: The role of the Governor has become a contentious issue, especially in state-central relations. Disputes often arise over the Governor's actions, which can strain the relationship between the central and state governments.
• Supreme Court Ruling: The Supreme Court in Shamsher Singh v. Punjab held that the Governor must act according to the advice of the Council of Ministers, reflecting the principle of executive accountability.

Learning from Best Practices

• There have been no instances of the President walking out of the legislature or editing the presidential address, unlike multiple instances involving Governors.
• This raises questions about governor's discretion and its implications for constitutional practices in India.

Conclusion

• The Governor’s Address is a fundamental constitutional duty under Article 176 and Article 87, but recent incidents like the Tamil Nadu Governor’s walkout highlight ongoing tensions and the evolving role of Governors in India’s political landscape.
• Ensuring that the Governor fulfills their role without straining the relationship between the central and state governments is critical for the smooth functioning of India’s democracy.