Answer

Introduction

The recent controversies involving Governors in states like Tamil Nadu, Kerala, and Karnataka (January 2026) have sparked a debate on constitutional morality. The refusal to read the Cabinet-approved speech in full or walking out of the House marks a significant departure from the Westminster model, where the Governor acts as a ceremonial conduit for the elected government’s policies.

Body

Constitutional Position under Articles 175 and 176

The Governor’s role in addressing the legislature is a formal duty designed to facilitate communication between the executive and legislative branches.

Article 175: Right to Address and Send Messages

• Communication Channel: It empowers the Governor to address either House (or both) and send messages regarding pending bills or urgent matters.
• Non-Mandatory Nature: Unlike Article 176, this is a discretionary power used for “occasional” communication to ensure fast legislative action.
  Eg: Governors often use this to seek “all convenient dispatch” for bills that have been pending for a significant duration.

Article 176: Special Address by the Governor

• Constitutional Mandate: It stipulates that the Governor “shall” address the House at the commencement of the first session after a general election and the first session each year.
• Cabinet-Prepared Text: The address is not a personal manifesto but a policy statement drafted by the Council of Ministers (Article 163).
  Eg: In January 2026, the Karnataka Governor objected to 11 paragraphs criticizing the Union Government’s new VB-G RAM G Act, but constitutional experts maintain he had no authority to alter the Cabinet-cleared text.

Impact on Principles of Parliamentary Democracy

• Erosion of Collective Responsibility: Since the address represents the Cabinet’s agenda, a Governor’s deviation undermines the principle that the executive is accountable to the legislature.
• Obstruction of Debate: The address is followed by a Motion of Thanks, which allows for a wide-ranging debate on government performance. Skipping portions restricts this democratic scrutiny.
• Risk of Executive Paralysis: Conventional wisdom suggests the rejection of the address is equivalent to a No-Confidence Motion. 
• Undermining Assembly Dignity: Walkouts and microphone interruptions (as alleged in Tamil Nadu) lower the stature of the Legislative Assembly as a sovereign forum for debate.

Impact on Principles of Federalism

• Governor as a ‘Parallel Power Centre’: By editing speeches, the Governor acts as a political actor rather than a neutral constitutional head, violating the vision of Dr. B.R. Ambedkar.
• Central Interference: Frequent friction in opposition-ruled states suggests that the Governor’s office is being used by the Union to “remote-control” state policy.
• Breach of Constitutional Morality: As per Shamsher Singh v. State of Punjab (1974), taking a public stance critical of Cabinet policy is an “unconstitutional faux pas” that disrupts federal harmony.
• Strain on Cooperative Federalism: Such confrontations force states to approach the Supreme Court for judicial declarations, leading to “litigation-driven governance” rather than cooperative policy-making.
  Eg: The Kerala and Tamil Nadu governments have recently called for constitutional amendments to abolish the mandatory address to prevent recurring gubernatorial “overreach”.

Conclusion

The Governor is intended to be a “guide, philosopher, and friend” to the state government, not an adversary. To preserve the federal fabric, the Supreme Court must provide a clear declaration on the non-discretionary nature of Article 176. Adherence to the Sarkaria and Punchhi Commission recommendations ensuring neutral appointments and fixed tenures is essential to prevent the Raj Bhavan from becoming a political battleground, thereby upholding the sanctity of India’s parliamentary spirit.

DOWNLOAD PDF