Governor's Address in State Legislatures: A Constitutional Discussion
The recent developments involving Governors walking out of legislative assemblies or refusing to deliver the customary address in Opposition-ruled states have sparked a debate on the constitutional obligations and the relevance of this practice.
- Article 176: Mandates that the Governor must address the State legislature at the commencement of the first session each year and after general elections.
- Role of the Address: It sets out the government’s legislative agenda prepared by the State Cabinet, which the Governor is constitutionally required to deliver as it is.
- Refusal to Deliver: A Governor's refusal or selective reading does not conform to the constitutional mandate, as emphasized by both Achary and Kumar.
Governor's Discretion and Responsibility
- No Discretion Allowed: Based on Nabam Rebia v. Deputy Speaker (2016), the Governor’s role is an executive function, strictly performed on the advice of the Council of Ministers.
- Institutional Design Issues: The Governor holds office at the pleasure of the President, making them reliant on the Union government’s confidence rather than that of the State legislature.
- Constitutional Discipline: Governors must convey any personal reservations privately with the State Cabinet, maintaining the constitutional discipline of their role.
Colonial Remnants and Reform Suggestions
- Symbolic Nature: The practice should be retained for its symbolic recognition of the Governor’s role in the legislature.
- Alternative Mechanisms: Article 175 allows the Governor to address the House or send messages, suggesting flexibility beyond the inaugural address.
- Need for Reconsideration: Increasing partisan conduct by Governors has fueled discussions on the relevance of this practice and its potential reform.
Presidential Intervention and Constitutional Amendment
- Presidential Role: Article 160 empowers the President to intervene if Governors fail to discharge constitutional duties, but such measures have rarely been invoked.
- Amendment Feasibility: A constitutional amendment to abolish the Governor's address as unlikely due to political complexities and lack of consensus.
- Reform Proposals: It is suggested that a more meaningful reform would be revising the appointment and removal process of Governors to ensure allegiance to the Constitution.
