Governors' Conduct Undermines Constitutional Role: Need for Reform?
Governors' actions undermine constitutional role; calls for revisiting address practice.
Photo by Virginia Commonwealth University Libraries
Editorial Analysis
Main Arguments:
- Governors in non-BJP ruled states are digressing from or refusing to read the prepared speech, violating constitutional convention.
- The Governor's role is to act as a 'mouthpiece' of the State government, informing the State of the policies of the elected government.
- Articles 87 and 176 of the Constitution, requiring special addresses, are viewed as outdated and could be scrapped without significant loss.
Counter Arguments:
- The Governors are acting within their rights to raise concerns about the content of the speech if they believe it contains unsubstantiated claims or misleading statements.
- The special address is a constitutional requirement and serves an important function in informing the State legislature about the government's policies.
Conclusion
Policy Implications
The actions of Tamil Nadu and Kerala Governors during their Legislative Assembly addresses have sparked controversy. The Governors declined to read or altered the prepared speeches, citing unsubstantiated claims or skipped portions. This behavior violates the constitutional convention that Governors act as mouthpieces of the State governments, reading out the exact text of the policy address.
Tamil Nadu Chief Minister M.K. Stalin has favored a constitutional amendment to eliminate the practice of commencing the Assembly session with the Governor’s address. Former President R.
Venkataraman had also suggested deleting Articles 87 and 176, which mandate special addresses by the President and Governors, viewing them as a “British anachronism”. Governors should respect the Constitution and not assume powers not envisaged under it.
UPSC Exam Angles
GS Paper II: Indian Constitution, Functions and Responsibilities of the Union and the States
Role of Governor: Constitutional provisions, discretionary powers, relationship with state government
Potential question types: Analytical questions on the evolving role of the Governor, critical evaluation of the Governor's actions in specific cases
Visual Insights
States with Governor-Government Disagreements (2025-2026)
Highlights states where disagreements between the Governor and the state government have been prominent, particularly concerning the Governor's address to the Legislative Assembly.
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More Information
Background
The office of the Governor in India is rooted in the colonial past, drawing inspiration from the British system of governance. The Government of India Act of 1935 provided for a Governor in each province, appointed by the British Crown, to represent the Crown and oversee the administration. Post-independence, the framers of the Indian Constitution retained the office, albeit with modifications to align it with a democratic framework.
The role transitioned from an agent of the Crown to a constitutional head of the state, appointed by the President of India. The initial debates in the Constituent Assembly centered on whether the Governor should be elected or nominated. Ultimately, nomination by the President was chosen to ensure uniformity and maintain a link between the Union and the states.
Over the years, the role of the Governor has been subject to scrutiny, particularly concerning the exercise of discretionary powers and the potential for conflict with the elected state government. Several committees, such as the Sarkaria Commission and the Punchhi Commission, have examined the role and recommended reforms to ensure impartiality and adherence to constitutional principles.
Latest Developments
Recent years have witnessed an increasing trend of friction between Governors and state governments, particularly in states ruled by parties different from the one at the Centre. This has manifested in various ways, including delays in assenting to bills passed by the state legislature, questioning the decisions of the state government, and making public statements that are critical of the state administration. The Supreme Court has intervened in some cases, emphasizing the Governor's role as a constitutional head bound by the aid and advice of the Council of Ministers.
The debate over the Governor's role is likely to continue, with calls for greater clarity in the constitutional provisions and conventions governing the office. Some experts suggest a code of conduct for Governors to ensure impartiality and adherence to constitutional principles. The future may see further judicial pronouncements and possibly even constitutional amendments to address the evolving dynamics between the Governor and the state government.
Frequently Asked Questions
1. Why is the conduct of Governors in Tamil Nadu and Kerala in the news recently?
The conduct of Governors in Tamil Nadu and Kerala is in the news because they declined to read or altered the prepared speeches during their Legislative Assembly addresses. This has sparked controversy and raised questions about their constitutional role.
2. What is the constitutional basis for the Governor's address to the Legislative Assembly?
Articles 176 of the Constitution mandates special addresses by the Governors to the Legislative Assembly. This practice is rooted in the British system of governance.
3. What are the key articles of the Constitution related to the Governor's address that are being discussed?
The key articles being discussed are Article 87 (related to the President's address) and Article 176 (related to the Governor's address). There have been suggestions to delete these articles.
4. What is the historical background of the Governor's office in India?
The office of the Governor in India is rooted in the colonial past, drawing inspiration from the British system of governance. The Government of India Act of 1935 provided for a Governor in each province, appointed by the British Crown.
5. What is the constitutional convention regarding the Governor's address to the Assembly?
The constitutional convention is that Governors act as mouthpieces of the State governments, reading out the exact text of the policy address prepared by the government.
6. What reforms are needed to ensure Governors respect the Constitution and the elected government?
One suggested reform is a constitutional amendment to eliminate the practice of commencing the Assembly session with the Governor’s address. Former President R. Venkataraman also suggested deleting Articles 87 and 176.
7. How does the Governor's conduct impact common citizens?
If the Governor's conduct creates friction with the state government, it can lead to delays in implementing policies and programs, ultimately affecting the delivery of services to citizens.
8. What are the recent developments regarding the relationship between Governors and state governments?
Recent years have witnessed an increasing trend of friction between Governors and state governments, particularly in states ruled by parties different from the one at the Centre. This includes delays in assenting to bills and questioning state government decisions.
9. What is the role of the Governor according to the constitutional convention?
As per the constitutional convention, the Governor is expected to act as a mouthpiece of the state government, delivering the address prepared by the government.
10. What are some examples of Key Personalities related to this topic?
Key personalities related to this topic include: R.N. Ravi (Tamil Nadu Governor), Rajendra Vishwanath Arlekar (Bihar Governor), and M.K. Stalin (Tamil Nadu Chief Minister), Pinarayi Vijayan (Kerala Chief Minister).
Practice Questions (MCQs)
1. Consider the following statements regarding the role of the Governor in the Indian Constitution: 1. The Governor is appointed by the President of India and holds office during the pleasure of the President. 2. The Governor is bound by the aid and advice of the Council of Ministers in the state, except when exercising discretionary powers explicitly mentioned in the Constitution. 3. The Governor can reserve a bill passed by the state legislature for the consideration of the President, even if the bill does not violate any constitutional provision. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three statements accurately reflect the constitutional position of the Governor. The Governor is appointed by the President and holds office at the President's pleasure. The Governor is generally bound by the aid and advice of the Council of Ministers but has some discretionary powers. The Governor can also reserve bills for the President's consideration.