The issues surrounding Governors’ address, Pg12

Key Highlights:

• Recent issues involve Governors in Opposition-ruled States deviating from established practices regarding the address to the State legislature.
• Article 176 of the Constitution mandates the Governor's address at the commencement of the first session each year, outlining the government's policies.
• The Supreme Court has affirmed that the Governor acts on the aid and advice of the council of ministers.
• Instances include Governors skipping portions of the address or altogether failing to deliver it, as seen in Tamil Nadu, Kerala, and Karnataka.

Detailed Insights:

• Section 63 of the Government of India Act, 1935, initially granted Governors discretionary powers to address the provincial legislature.
• The Constituent Assembly intended the Governor's address to reflect the policy of the elected council of ministers, not personal views.
• Article 175 allows the Governor to address the house, while Article 176 makes the address mandatory at the first session post-election and annually.
• The 'Motion of thanks on Governor's address' involves legislators debating policy matters announced in the address before voting.
• The Supreme Court has consistently held that the Governor is a constitutional head who acts on the advice of the council of ministers.
• Current issues arise from Governors acting against constitutional practices, such as skipping portions of the address or failing to deliver it.
• Governors take an oath under Article 159 to preserve, protect, and defend the Constitution and the law.
• The underlying issue is the politicization of the Governor's post, with calls for its abolition, though unlikely due to our quasi-federal structure.
• Reforms, such as consulting Chief Ministers before appointing Governors, could minimize discord on legislative issues.

Key Concepts Involved:

• Article 176: Mandates the Governor to address the State legislature at the commencement of the first session each year.
• Motion of Thanks: Discussion and vote on the Governor's address, involving debate on policy matters.
• Federalism: A system of government in which power is divided between a central authority and constituent political units.