THE REAL TRAVESTY: ON THE GOVERNOR OF TAMIL NADU AND THE GOVERNOR’S ADDRESS

THE CONTEXT:

The Tamil Nadu Governor’s refusal to read a state government-drafted speech citing falsehoods politicizes the Governors’ statutory address. This highlights the tension between appointed Governors and elected state governments and their non-partisan role conflict.

THE ISSUES:

• Governor’s Role in a Parliamentary Democracy: In a parliamentary democracy, the Governor’s role is mainly ceremonial, and they are expected to follow the elected government’s advice. The recent controversy regarding Tamil Nadu Governor R.N. Ravi’s refusal to read out a DMK-run government address highlights the need for the Governor to remain apolitical and unbiased, as mandated by the Constitution.
• Centre-State Relations and Criticism in Governor’s Address: The Governor’s address should reflect state policies & achievements, despite criticism of the Centre. Refusal to read based on misleading claims will infringe on the state’s right to articulate its stance.
• Dignity of the Assembly and Conduct of Constitutional Functionaries: The conduct of constitutional functionaries, such as the Governor and the Speaker, should uphold the dignity of the Assembly. Any public disagreement or confrontation between these functionaries can detract from the solemnity and respect due to legislative institutions.
• Governors as Political Agents of the Ruling Party at the Centre: Governors who act as political agents for the central government are compromising the autonomy of state governments and disrupting the federal balance. This issue deserves urgent attention to maintain the integrity of the constitutional authorities.
• Constitutional Powers and Limitations of Governors: Governors have limited discretionary powers that should be exercised judiciously. Using these powers to obstruct or undermine state governments led by political adversaries is misusing the gubernatorial office.

THE WAY FORWARD:

• Code of Conduct for Governors: A ‘Code of Conduct’ should be established and approved by the state governments, the central government, the parliament, and the state legislatures. This would lay down norms and principles to guide the governor’s functions, ensuring that their actions align with constitutional expectations and are not influenced by partisan interests.
• Transparent Appointment Process: The procedure for appointing governors should be laid down, with the conditions of appointment made explicit. This could involve a more transparent and consultative mechanism, such as a collegium or a parliamentary committee, to select candidates based on merit and suitability, thus reducing political bias in appointments.
• Limiting Discretionary Powers: Healthy conventions should guide the discretionary powers of Governors and should not be used to favor a particular political party. The Supreme Court’s ability to investigate claims of malafide in the Governor’s report could be extended to cover malafide in the invitation process to form a government.
• Stability and Autonomy for States: To ensure more stability and autonomy for the states, it is suggested that a governor should be removed only by a resolution of the state legislature. This would prevent arbitrary removals and reinforce the federal structure.
• Judicial Intervention: The Supreme Court can continue to monitor the conduct of governors and issue directions or observations to ensure that their actions are not arbitrary or partisan, thus upholding the federal principle of Indian polity.
• Constitutional Amendments: Amendments to the Constitution could be made to change governors’ appointment and removal process, making it more difficult to remove them without substantial grounds, such as requiring a resolution of the state legislature or a judicial review.
• Accountability to State Legislature: Consider making the governor accountable to the state legislature, like how the President is accountable to the Union Parliament. This would enhance the governor’s responsibility towards the state’s interests.
• Regular Review and Recommendations: Committees like the Sarkaria and Punchhi Commission have recommended improving Centre-State relations. Regular reviews and implementing such recommendations can help address the evolving dynamics of federalism.
• Education and Training: Educating and training governors about their constitutional roles and responsibilities can help prevent the misuse of their office. This would also include emphasizing the importance of maintaining the dignity of the Assembly and the conduct of constitutional functionaries.

THE CONCLUSION:

The central government’s misuse of the governor’s role for political gain challenges the principles of federalism and risks undermining respect for the position. This could negatively impact democracy and governance at the state level. Addressing this issue and ensuring the governor’s role remains impartial is essential.

UPSC PAST YEAR QUESTIONS:

Q.1) Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Q.2) Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (2018)

Q.3) Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recently reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of Indian federal politics? (2016)

MAINS PRACTICE QUESTION:

Q.1) Discuss the recent controversy surrounding the refusal of Tamil Nadu Governor to read out the address prepared by the state government, citing misleading claims and facts. What are the implications of such actions on Centre-State relations and India’s federal structure?

SOURCE:

https://www.thehindu.com/opinion/editorial/the-real-travesty-the-hindu-editorial-on-the-governor-of-tamil-nadu-and-the-governors-address/article67838996.ece