Syllabus: Issues and challenges pertaining to federal structure.
Context and Recent Controversies
- Recent incidents saw Governors walking out or truncating legislative inaugural addresses.
- Karnataka Governor read only initial lines before leaving the joint session.
- Similar controversies occurred in Tamil Nadu and Kerala Assemblies.
- Chief Ministers accused Governors of breaching constitutional obligations.
Constitutional Provisions Governing the Address
- Article 176: Mandatory Address
- Governor must address legislature at first session each year.
- Also required after the first session following general elections.
- Address outlines government’s policies, programmes, and legislative agenda.
- Speech text is prepared solely by the State Cabinet.
- Article 168: Governor as Legislature Component
- Constitution recognises Governor as integral part of State legislature.
- Role is to facilitate legislative functioning, not obstruct proceedings.
Limits on Governor’s Discretion
- Governor cannot alter Cabinet-approved address content.
- Supreme Court clarified this in Nabam Rebia case (2016).
- Address is an executive function under aid and advice doctrine.
- Governor bears no responsibility for speech contents.
- Parallel decision-making by Governor violates representative democracy principles.
If Governor Has Reservations
- Personal disagreements must be conveyed privately to Cabinet.
- Constitutional discipline requires Governor to respect elected executive.
- Healthy conventions include regular CM–Governor communication.
Debate on Retaining the Practice
- Arguments for Continuation
- Address symbolises Westminster parliamentary tradition.
- Reinforces Governor’s constitutional place within legislature.
- Seen as ceremonial yet institutionally significant.
- Arguments for Scrapping
- Legislature functions even without such ceremonial address.
- Article 175 allows Governor to send messages alternatively.
- Rising partisan conduct raises relevance concerns.
- Federal and Constitutional Concerns
- Refusal to deliver address may trigger constitutional crisis.
- Legislative session formally begins only after address.
- Article 355 obligates Union to ensure constitutional governance.
Role of the President
- President can intervene under Article 160 if crisis emerges.
- Can direct discharge of Governor’s constitutional functions.
- However, such interventions remain rare in practice.
Feasibility of Constitutional Amendment
- Amendment to scrap address faces high procedural threshold.
- Requires special majority and broad political consensus.
- Reforming Governor appointment and removal process seen more meaningful.