Governor’s Customary Address

Recently, Tamil Nadu Governor R.N. Ravi declined to read the customary Governor’s Address prepared by the State government and walked out of the Assembly.

• The governor alleged  that the National Anthem was not played before his customary address, termed this an insult to the Constitution of India and the National Anthem.
• The Speaker clarified that the established practice is to play the State anthem (Tamil Thai Vaazhthu) at the start and the national anthem at the end of the session.

About Governor’s Address

• Constitutional Provision: The Constitution of India empowers the President under Article 87 and the Governor under Article 176 to address a sitting of the legislature.
• Nature of Address: 
  • The Address is a compulsory constitutional requirement and not a discretionary function of the President or the Governor.
  • The Governor acts as a constitutional head, and the Address reflects the policies and priorities of the elected government, not the personal views of the Governor
• Occasions – Article 176 : The Address must be delivered at the commencement of the first session after each general election and at the beginning of the first session of every legislative year.
  • In States having a Legislative Council, the Governor addresses both Houses assembled together.
• Content of the Address: 
  • The Address contains legislative proposals and policy initiatives that the government intends to pursue in the forthcoming session.
  • The speech also provides an account of the government’s achievements during the previous year.
  • Preparation of the Address: The content of the Address is prepared by the elected government using inputs from various ministries and departments.
• Governor’s Role: 
  • Under Articles 74 and 163, the President and the Governor are constitutionally bound to act on the aid and advice of the Council of Ministers.

Motion of Thanks

• The Address is followed by a Motion of Thanks, moved by a member of the House.
• Amendments can be proposed to the Motion of Thanks.
• Discussion on the Address allows a wide-ranging debate on government policies.
• The Governor does not participate in this debate

Origin of President/Governor’s Address

• United Kingdom – Monarch’s Speech: In the United Kingdom, the King’s Speech formally opens the parliamentary year and outlines the government’s legislative programme
• United States – State of the Union: In the United States, the President delivers the State of the Union Address to inform Congress of policy priorities and national conditions
• Westminster Model: India adopted this practice from the Westminster model of parliamentary democracy prevalent in the United Kingdom.

Judicial Interpretations 

• Andul Gafoor Habibullah Case (1966): Governor cannot decline to deliver the address and refuse to perform the constitutional duty under Article 176.
• Yogendra Singh Handa v. State of Rajasthan (1967): Court ruled that partial reading of the address was sufficient to deem the constitutional requirement as fulfilled.
• Shamsher Singh v. State of Punjab (1974): The Governor must act on the aid and advice of the Council of Ministers in all functions, except in rare discretionary matters.
• • The Governor is not an alternative power centre but a constitutional head.

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Constitutional Implications of Refusal to Deliver Address

• Risk of Constitutional Crisis: If a Governor refuses or edits the Assembly Address, it may create a constitutional crisis by disrupting the functioning of the legislature
• Address Rejection as No-Confidence: Rejection of the Governor’s or President’s Address is conventionally treated as a vote of no-confidence in the government.
• Potential Resignation of Executive: Such a defeat would ordinarily require the Chief Minister or Prime Minister to resign, as they command the majority in the House.
• Democratic Injustice in Case of Governor’s Deviation: Forcing the resignation of an elected government due to words inserted or omitted unilaterally by the Governor would be unjust, unethical, and undemocratic.
• Threat to Parliamentary Democracy: Such actions undermine responsible government and distort the constitutional balance between the executive, legislature, and the Governor.

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