Governor’s role not to behave like union government employee, says retired HC judge 

DMK legal cell holds symposiums on powers of governor with reference to the Constitution
Tamil Nadu Governor RN Ravi (Photo | PTI)
Tamil Nadu Governor RN Ravi (Photo | PTI)

MADURAI/TIRUCHY:  “If Governor RN Ravi acts in violation of the Constitution, he has to be removed from the post by the President Draupadi Murmu,” said retired High Court Justice GM Akbar Ali at a conference organised by the DMK legal wing in Madurai on Sunday.

While delivering an address on the topic ‘Governor -- What the Constitution says?’, the former justice said the governor’s role is not to behave like a union government employee but to protect rights and provisions in the Constitution. If he himself is found in violation of the provisions, the President has to remove him from the post, he added and went on to quote former chief minister CN Annadurai, “Like how the goat has no need of a beard, the state doesn’t need a governor.”

Speaking at the conference, parliamentarian NR Elango endorsed CM MK Stalin’s decision to pass a resolution in the Assembly against Governor Ravi’s speech. “Dr B R Ambedkar said the Constitution had given the governor no executive power to act on his own. The person holding the post has two duties; he or she should invite the winning party’s representative to form the government after an election, and secondly send his opinions to the President if any action needs to be taken against an individual minister or the ruling government on any charges,” he added. Also present on the occasion were MP Tiruchy Siva and Madurai district secretary G Thalapathi.

Meanwhile in Tiruchy, a similar symposium was conducted by DMK’s legal wing at Kalaingar Arivalayam on Saturday. On the occasion, former high court judge AK Rajan said TN is in a state of constitutional breakdown, as the Governor was not granting his consent for many bills passed by the Assembly. “While taking the oath of office, the Governor had sworn he would preserve, protect and defend the Constitution. But he has violated the constitutional provisions on several occasions,” Rajan said to an audience comprising hundreds of lawyers.

“As per the Constitution, a governor cannot read his own text during his customary address in the state Assembly. He is duty-bound to read the speech provided by the council of ministers. Imagine a scenario wherein an amendment to the governor’s address is moved by the opposition in the assembly, it would be tantamount to a no-confidence motion against the government.

That’s how serious this issue is. In that situation, how can a governor include his own text in the government’s policy address? So, the resolution moved by the chief minister stating only the approved speech should go on the Assembly record is constitutionally appropriate,” Justice Rajan opined.

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