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Why in News?
- Recent friction between Governors and State Governments in Tamil Nadu, Kerala, and Karnataka has sparked a debate on the constitutional necessity of the Governor’s inaugural address to the Legislative Assembly.
Governor’s Address to State Legislature
- Article 176 (Special Address): Mandates the Governor to address the Legislative Assembly (and the Council, where applicable) at:
- The commencement of the first session after each general election.
- The commencement of the first session of each year.
- Article 87: Provides a corresponding duty for the President to address both Houses of Parliament at similar intervals.
- Content of the Address: By constitutional convention (Westminster model), the speech is prepared by the State Cabinet. It outlines the government’s policy agenda and accomplishments. The Governor is expected to read the text verbatim as a “mouthpiece” of the elected government.
- Articles 175 & 86 (Discretionary Address): These articles allow the Governor and President, respectively, the right to send messages or address the legislature at any other time. Unlike Article 176, these are generally considered discretionary.
- Judicial Standpoint:
- Nabam Rebia Case (2016): The Supreme Court held that the Governor must act on the aid and advice of the Council of Ministers (Article 163) in summoning and addressing the House.
- Calcutta High Court (1966): Ruled that the address is mandatory, and skipping it is a constitutional irregularity. However, if a Governor walks out after laying the speech on the table, it is treated as an “irregularity” (protected under Article 212) rather than an “illegality.”
- Historical Recommendation: Former President R. Venkataraman once suggested deleting these “special address” articles, calling them a “British anachronism” and a meaningless formality.
