Should the Governor's address be scrapped?, Pg9

Key Highlights:

• Recent incidents in Karnataka, Tamil Nadu, and Kerala saw Governors refusing to deliver or omitting portions of their address to the State legislature.
• Under Article 176, Governors are constitutionally mandated to address the State legislature at the commencement of the first session each year.
• The Governor's address is prepared by the State Cabinet, outlining the government's legislative agenda.
• Experts debate whether refusing to read the Cabinet-approved address violates the Constitution.
• Tamil Nadu Chief Minister M.K. Stalin has called for a constitutional amendment to eliminate the Governor's address.

Detailed Insights:

• The Governor is an integral part of the State legislature under Article 168, expected to facilitate its functioning.
• The Supreme Court in Nabam Rebia v. Deputy Speaker (2016) clarified that the Governor’s address is an executive function performed on the aid and advice of the Council of Ministers.
• Unlike the President, the Governor holds office at the pleasure of the President, making them more susceptible to the Union government's influence.
• While the Governor can offer counsel, they must adhere to constitutional discipline and recognize the limits of their office.
• Article 175 provides an alternative mechanism for the Governor to address the House or send messages regarding pending legislation.
• Article 355 imposes a duty on the Union government to ensure that State governance aligns with the Constitution.
• Article 160 empowers the President to issue directions for the discharge of a Governor’s functions in unforeseen contingencies.
• Amending the Constitution to remove the Governor's address is unlikely due to the requirement of a special majority in Parliament.
• Reforming the appointment and removal process of Governors could ensure their allegiance lies with the Constitution.

Key Concepts Involved:

• Article 176: Mandates the Governor to address the State legislature.
• Article 168: Recognizes the Governor as an integral part of the State legislature.
• Article 355: Imposes a duty on the Union government to ensure State governance aligns with the Constitution.
• Council of Ministers: The body of elected representatives that holds executive authority in a representative democracy.