MC Explains: The government-governor standoff in Tamil Nadu

Tamil Nadu Governor RN Ravi. (Image source: ANI)

Something unprecedented in the history of the Tamil Nadu Assembly took place on January 9, 2023. The after-effects of the episode have given a new dimension to the role of governor in a federal system.

The story thus far: 

• As is customary, Tamil Nadu Governor R.N. Ravi addresses the Tamil Nadu Assembly.
• Article 176 of the Constitution gives special powers to the Governor to address the Assembly on two occasions – first to address the opening session of a new legislature after an election, and secondly, to address the first sitting of the legislature every year.
• While addressing the Assembly, Ravi skipped certain portions of the prepared text.
• This forced Chief Minister M. K. Stalin to move a resolution demanding that only the original printed speech in Tamil be put on record.
• Reacting to the Chief Minister’s move, Governor Ravi staged a walk-out from the House in protest even before the national anthem was played.

Ravi left out references to certain national and regional stalwarts in his speech. He skipped the phrase “Dravidian model of governance.”

He gave a go-by to the description of Tamil Nadu “as a haven of peace” in the text prepared by the state government.

He also did not mention the ability of Tamil Nadu to attract “numerous foreign investments” and become a “forerunner in all sectors.” The Chief Minister insisted that the text of the speech had been approved by the Governor before its distribution to members of the Assembly.

What is so unprecedented this time around?

The deletion of some references, the resolution moved by the Chief Minister protesting against these deletions by the Governor and the walk-out by the Governor are all unprecedented, to say the least.

What does the constitution say on the content of the Governor’s address to the Assembly? Is the content of the address prepared by the Governor himself/herself?

According to Article 74 and 163 of the Constitution, the President and the Governor should act on the advice of the Council of Ministers (be it the Union Government or State Governments). The address of the Governor before the legislature is the viewpoint of the government. Hence, it is prepared by the government.

What does the Governor’s address to the legislature usually contain?

India follows the British system. The President/Governor speech/address follows the convention of the British system, where it contains legislative and policy proposals that the government intends to initiate. Besides these, it also charts out the accomplishments of the government in the previous years.

Can a Governor refuse to address the legislature? 

No. A Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.

What if a Governor disagrees with the content of the address? 

There can be situations when the governor deviates from the text of the speech prepared by the government.

What does the constitution say? 

The Constitution says that the  President/Governor should go by the advice of the Council of Ministers. Perhaps, the intention of the makers of the Constitution was that the speech of the Governor is prepared by the Council of Ministers and that the Governor would read it.

Did Ravi violate the Constitution when he skipped some and added a few parts to his address to the legislature? 

Deleting any para of the address under the cloak of his discretionary power may not be unlawful from a legalistic viewpoint. But it does go against the norms of the Parliamentary system of government.

Is the Chief Minister right in moving a resolution – that too when the Governor was still present at the House - demanding only the original printed speech of the Governor be put on record? 

Experts on Parliamentary procedures aren’t quite sure. He could have aired his views/displeasure in subsequent days when discussions on the motion thanking the Governor for the address took place.

Is it unprecedented for a Chief Minister to move a motion against the Governor so soon after the latter ended his customary speech? 

Many experts say it is.

Tail piece 

The dynamics of the Indian federal system have changed drastically since the Constitution was framed many summers ago. The chasm between the intention of the original framers of the Constitution and present-day political practitioners of it is growing in a multi-party federal system of government. Giving a go-by to conventions and established practices does not augur well for a friendly federal ecosystem.