Punjab Government Vs Governor: Supreme Court Asks "Can This Be Done Constitutionally?
The Supreme Court on Monday raised concern over Governor’s refusal to act on the bills which are passed by the respective State Assemblies. A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra recommended Governors to consider the bills rather than waiting for the apex court”s interventions. The court cited similar situation in a Telangana case as well. The Court was hearing the plea by Punjab government against the delay posed by Governor Banwarilal Purohit in giving nod to the bills that are passed by the State Assemblies or presented for his recommendation.
The bench questioned these actions called whether this was Constitutional and commented that Chief Minister and Governor should do some “soul searching.” “Can this be done constitutionally? . . . Is this really the scheme of the Constitution? Little bit of soul searching needed from CM and Governor. Governor must know that he is not a elected representative. He can withhold assent and sent it back once,” the Bench said.
The governor granted assent only to 22 of the 27 bills passed by the Punjab Legislative Assembly. Three recent conflict between Mr Purohit and Mann-led Aam Aadmi Party (AAP) government was over the three pending money bills which was supposed to be presented by the State during the Special Session of the fourth Budget Session on October 20. Also, the Money Bills requires prior approval before presenting it in the House. While refraining from acting on the bill, Mr Purohit said as the Budget Session has already concluded on June 20, any continuing session was illegal, let alone conducting any business during such time. Thereby, the Special Session was concluded just hours after its commission on October 20 due to this impasse.
Senior advocate Abhishek Manu Singhvi, appearing for the state argued that Punjab Governor had refused to nod on seven important bills, including fiscal and education ones. To this, Solicitor General Tushar Mehta, appearing for the Governor responded that he had already taken action on the bills and decision will be communicated to the Court on Friday.
Earlier also, Punjab government had appealed before the apex court expressing concern of Mr Purohit”s refusal to call the budget session of the house. The conflict between State governors and respective governments are witnessing by the Supreme Court in the last few months. Besides Punjab and Telangana, Kerala and Tamil Nadu governments have also submitted petitions before the top court against their governors.
