NEW DELHI: Asserting that the governor cannot doubt the validity of a session of the legislature, the Supreme Court on Friday held the June 19-20 session of the Punjab assembly constitutionally valid. It asked governor Banwarilal Purohit to decide the four pending bills awaiting his approval.
The court response came on a plea by the Punjab government against the governor holding the bills. A bench headed by Chief Justice DY Chandrachud said the governor “must proceed to take a decision”, saying that the situation was like “playing with fire.”
“Do you realise the gravity of the situation? You’re playing with fire,” the court asked governor’s counsel Satyapal Jain. The counsel referred to Article 174 of the Constitution, saying the Budget session was extended indefinitely. Senior advocate AM Singhvi told the court that the governor doubted the validity of the Speaker’s decision to hold the sessions.
To this, the bench asked, “How can the governor say this? We are not happy with what is happening in Punjab. Will we continue to be a parliamentary democracy?” The bench, also comprising Justices JB Pardiwala and Manoj Misra, clarified that the Speaker has the power to adjourn the budget session convened in March 2023, instead of proroguing it. “The Speaker can call back the session again in June. The governor cannot doubt the session,” it said.
“Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy. The Speaker, who has been recognised to be the guardian of the privileges of House, was acting in his jurisdiction in adjourning the house sine die,” said the court.
Guv should take good legal advice: Mann Reacting to the SC observation, Punjab Chief Minister Bhagwant Mann today said he respected the Governor and that he should take good legal advice. “The issue should not have gone this far. I respect the governor, he is an elder,” Mann said. “People have elected us for five years; we have to pass bills. It is the duty of the Governor to sign the bills so that these can become laws,” he said.
