The Governor of Kerala has been in the news for the wrong reasons. During his recent visit to the Calicut University campus, he instructed the police to remove posters put up against him. He termed the activists of the Students’ Federation of India “criminals” and accused the Chief Minister of “sponsoring” them. After his visit, in a clear breach of protocol, he toured Kozhikode without any previous announcement. As such episodes are becoming more common, it is time to think about the behaviour of Governors in Opposition-ruled States and to understand the legal consequences of such aberrations.
The Constitution cannot be expected to deal with the individual behaviour of public functionaries; it only talks of the functions, powers, and duties of Governors. However, the notion of constitutional morality should govern Governors in their public conduct. In NCT of Delhi v. Union of India (2018), a Constitution Bench of the Supreme Court emphasised the need to identify the “moral values of the Constitution” based on a notion of “constitutional culture”. It said that the “constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices”. Even while acting as Chancellor, Mr. Khan continues to be Governor. Whether his conduct reflects constitutional morality is an open question.
