Context: 

The Governor of Tamil Nadu declined to deliver the customary address prepared by the state government citing “factual and moral grounds” due to contradictory numerous passages with misleading claims and facts.  

Governor’s Customary Address: Constitutional History

• Time-honoured constitutional convention: In both the UK and India, it’s a time-honoured constitutional convention that the Governor should read the exact speech or special address. Objectives: The address, prepared by the state government has the following objectives. 
  • Summarising the government’s achievements and activities from the previous year.
  • outlining plans for the upcoming session. 
  • presenting policy and legislative proposals for the following year.
• Prior submission of the address by the state: The state government prepares and submits the address to the Governor in advance, and it is customary for the Governor to deliver it without alterations.
• Adoption of the practice: In India, on May 18, 1949, the Constituent Assembly agreed to start following this practice.

Under What Provisions Does President or a Governor Address Legislature?

• Commonly referred to as the President’s or Governor’s Address, it is a constitutional requirement. 
• The Constitution gives the President (Article 87) and the Governor (Article 176) the power to address a sitting of the legislature. 
• The special power is with regard to two occasions. 
  1. To address the opening session of a new legislature after a general election. 
  2. To address the first sitting of the legislature each year.
• A session of a new or a continuing legislature cannot begin without fulfilling this requirement.
• Article 163: According to the Constitution Article 163,  the Governor is bound  to act on the aid and advice of the  state governments on most of the issues. 
• The Governor’s speech to the legislature reflects the government’s vision and policies prepared by the state.

What Are Functions of Governor Concerning Addressing assembly of State?

• Addressing the First session of the house: The Governor speaks at the beginning of the state legislature’s session each year.
• Lead of session in the Absence of Speaker: If the Speaker of the legislative assembly is not present and the Deputy Speaker is, the Governor chooses someone to lead the session.
• Sending messages to the House or Houses: According to article 175, The Governor can also send messages to the Legislature regarding pending bills or any other matters, and the Legislature must promptly address these messages.

Implications: If Governor Refuses/Fails to Deliver Assembly Address?

• Constitutional Duty: According to Justice B N Banerjee of the Calcutta High Court in Andul Gafoor Habibullah v. Speaker, West Bengal Assembly (1966), the Governor cannot refuse to give a speech as it’s a constitutional duty. 
• In Kerala too, Governor Atif  Mohammad Khan read only two paragraphs  – the introduction and the last paragraph. He stopped when paragraph 18 came but to honour the chief minister’s wish,he agreed to read the address. 
• Irregularity, not Illegality: Even though delivering the address under Article 176 is compulsory, the High Court (West Bengal Assembly) stated that if the Governor fails to do so and simply leaves the House after placing the address on the table, it’s considered an irregularity, not an illegality.
  • Article 361 of the Constitution grants Governors full protection from legal actions, as the maker of the Constitution believed that Governors would uphold high standards of honesty and proper behaviour.
• Judiciary’s View Dilemma: The governors cannot refuse to give speech but Article 212 protects governor’s from questioning due to minor procedural irregularities. 
• • As per this article, The proceedings of the House cannot be challenged. 

Centre Issues Mentioned in Governor’s Speech Prepared by State Government 

• The speech drafted by the State government for the Governor contained criticisms of the central government on various matters.
• • Criticisms towards the GST regime
  • Delayed release of funds for the Chennai Metro Rail project.
  • Demand of flood relief funds from the Centre 
  • The speech also expressed opposition to the implementation of the Citizenship Amendment Act.

News Source: The Hindu

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