Syllabus: Issues and challenges pertaining to the federal structure
Context
- Tamil Nadu and Kerala Governors deviated from customary Assembly addresses on January 20.
- Their actions revived debates on the constitutional role and conventions governing Governors.
Constitutional Framework
- Article 176 mandates the Governor to address the Legislative Assembly annually.
- The address outlines the policies and agenda of the elected State government.
- The Governor functions on the aid and advice of the Council of Ministers.
- The practice reflects the Westminster parliamentary tradition adopted in India.
Recent Instances of Deviation
- The Tamil Nadu Governor refused to read the prepared speech and walked out.
- His office cited “misleading and unsubstantiated claims” as justification.
- Over three years, he has digressed or declined to read Cabinet-approved texts.
- The Kerala Governor allegedly skipped approved portions and added unvetted content.
Convention and Democratic Norms
- The address is a time-honoured convention, not an expression of personal opinion.
- Former President R. Venkataraman described Governors as “mouthpieces” of elected governments.
- The British monarch’s practice of strictly reading official texts serves as a reference.
- Deviation is viewed as undermining parliamentary propriety and federal balance.
Call for Constitutional Review
- Tamil Nadu Chief Minister suggested amending the Constitution to remove the practice.
- Articles 87 and 176 require special addresses by the President and Governors annually.
- President Venkataraman earlier called the practice a “British anachronism” and formality.
- He urged repeal during the tenures of Prime Ministers Rajiv Gandhi and Chandra Shekhar.
Alternative Provisions
- Even without Articles 87 and 176, leaders retain rights under Articles 86 and 175.
- These provisions allow the President and Governors to address legislatures when necessary.
Governance Implications
- Governors should avoid assuming powers beyond constitutional intent.
- Respecting conventions strengthens institutional credibility and democratic trust.
- Adherence upholds the letter and spirit of the Constitution.