Could the Governor's refusal to read the prepared speech be seen as a betrayal of the Constitution?
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Bengaluru, Jan 22 (NationPress) Amid the uncertainty surrounding the Governor's traditional address to the joint session of the Karnataka Legislature, the Siddaramaiah administration has asserted that any refusal from Governor Thawarchand Gehlot to present the government-prepared speech would be a betrayal of the Constitution.
While addressing the media in Bengaluru on Thursday, State Minister for Law and Parliamentary Affairs H.K. Patil stated, “According to Article 176 of the Indian Constitution, it is the obligation of the Governor to deliver the address to the joint session. If the speech is not presented for any reason, it would signify a betrayal of the Constitution.”
Patil further emphasized, “In light of the injustice being dealt to the state by the Centre in a federal framework, we cannot remain silent. We have prepared a speech that encapsulates the policy and perspectives of the government. The Constitution mandates the Governor to read the speech, and we are optimistic that he will fulfill this duty during the session.”
When questioned about the implications if the Governor opts not to read the speech, Patil remarked, “The Constitution applies uniformly to all individuals. There is no separate Constitution for the Chief Minister, the Governor, the President, or the general populace. Article 176 distinctly outlines the Governor's responsibilities in this matter. Reading the address is compulsory.”
“The Governor is required to address the joint session and must present the complete text of the speech drafted by the government. This is his primary duty, and he is obligated to do so under the Constitution of India,” he added.
In response to accusations that the Congress-led government was politicizing the implementation of the Viksit Bharat-Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-G RAM G), Patil claimed that those familiar with the Act would not voice such opinions. “While BJP leaders may assert otherwise, the implications of a law must be grasped. According to Article 176, the Governor has a duty to address the joint session. A refusal to do so would equate to a betrayal of the Constitution,” he stated.
When asked about the potential actions of the state government should the Governor decline to read the speech, Minister Patil mentioned that the course of action would be determined later.
The ongoing tension between the Congress-led government and the Governor in Karnataka is anticipated to escalate further after the government's decision to retain the 11 paragraphs from the speech intended for the joint session.
Sources indicate that the state administration may seek the intervention of the Supreme Court to compel the Governor to read the prepared speech.
Previously, Governor Thawarchand Gehlot requested the state government to eliminate 11 paragraphs from the speech drafted by the state Cabinet.
On Wednesday, a delegation that met with the Governor communicated that discussions would be held with the Chief Minister, and a decision would be relayed to him.
Headed by State Minister for Law and Parliamentary Affairs H.K. Patil, along with Advocate General Shashi Kiran Shetty and Chief Minister’s Legal Advisor and MLA A.S. Ponnanna, the delegation met the Governor at Lok Bhavan on Wednesday night following his objections to certain paragraphs that criticized the Centre regarding the VB-G RAM G enactment and other matters.
Minister Patil informed the media after the meeting outside Raj Bhavan in Bengaluru that it is natural for the state government to voice criticisms regarding the injustices faced by the state in the speech. “The address also calls on the Centre to restore MGNREGA. While the Governor has some reservations, we clarified our readiness to provide explanations and amend specific sections. Nonetheless, he insists on the removal of 11 paragraphs. We will confer with the Chief Minister and communicate our resolution to the Governor,” he concluded.