Prelims: Polity (Governor and its functions), Governor, Customary address
Mains: Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government.
Q. “Has the Governor been acting more of an ‘agent of the centre’ rather than being the ‘constitutional head of state’.” Analyse in the light of recent controversies involving the post of Governor in India.
Why in News ?
- T.N. Governor Ravi refused to read out the customary inaugural address of the Legislative Assembly for 2024.
- Reason being claimed – it contained numerous passages with misleading claims and facts and reading them would have amounted to Governor’s address becoming a constitutional travesty”
- The Constitution under Article 87 for President and the Governor under Article 176 gives the power to address a sitting of the legislature.
- These are Constitutionally mandated.
- The President or a Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
- These functions also got validation in Shamsher Singh v. State of Punjab case.
About
- Constitutional Compulsions :
- 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.
- The first is to address the opening session of a new legislature after a general election.
- The second is to address the first sitting of the legislature each year.
- These are constitutional requirement.
- A session of a new or a continuing legislature cannot begin without fulfilling this requirement.
- The President or a Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
- But there can be situations when they deviate from the text of the speech prepared by the government.
- Governor’s Address to the State Legislature:
- Art 176 – At the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly and inform the Legislature of the causes of its summons.
- In the case of a State having a Legislative Council, both Houses assembled together.
- Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.
- Governor’s Address :
- The President’s/Governor’s speech follows the convention of the British system, where it contains legislative and policy proposals that the government intends to initiate.
- The speech also recaps the government’s accomplishment in the previous years.
- The contents of the speech are put together by aggregating inputs from various ministries of the government
In Shamsher Singh v. State of Punjab, the Supreme Court said that the principle that the President (or the Governor) is guided by the aid and advice of the Cabinet covered every function.
Source: TH
PYQ/ FAQ related to Topic:
Q. Which one of the following statements is correct? (2013)
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Ans : C. No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
Explaination :
In India, the same person cannot be appointed as Governor for two or more States at the same time – This option is incorrect because according to the 7th Constitutional Amendment Act of 1956, the same person can be appointed as Governor for two or more States at the same time.
- The Judges of the High Court of the States in India are appointed by the Governor of the state just as the Judges of the Supreme Court are appointed by the President – This option is incorrect because the High Court Judges are also appointed by the President as in the case of Judges of the Supreme Court. But, the procedure is slightly different. The appointment of Chief Justice of High Court is dealt with in Article 217 of the Constitution which states that he is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question. The collegium headed by the Chief Justice of India gives recommendations for the appointment of High Court Judges.
- In the cases a Union Territory having a legislative setup the Chief Minister is appointed by the Lt. Governor on the basis of majority support – This option is also incorrect because the Section 45 in the Government of Union Territories Act, 1963 states that the Chief Minister must be appointed by the President. Rest of the Ministers is appointed by the President on the advice of the Chief Minister.
- Thus, the only correct statement is No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.
