Governors must act before states turn to court: Supreme Court on Punjab's plea

Tribune News Service

Satya Prakash

New Delhi, November 6

Disapproving of Governors sitting over Bills passed by state Assemblies, the Supreme Court on Monday said they must act before the matter reached the top court and asked both the Governor and the Chief Minister of Punjab to do soul-searching.

Can’t just sit on Bills

Why does a party have to come to the Supreme Court? Governors act only when matters reach us. This has to stop. There is a little bit of soul-searching to be done by both the sides…. We are the oldest democracy and these issues must be sorted out between the CM and the Governor. — SC Bench

“Why does a party have to come to the Supreme Court? Governors act only when matters reach the Supreme Court. This has to stop. You come to the Supreme Court, then the Governor starts acting. This shouldn’t be (the case),” a Bench led by CJI DY Chandrachud said. The top court posted the Punjab Government’s petition against alleged delay on the part of Governor Banwarilal Purohit in granting assent to Bills passed by the state Assembly for hearing on Friday after Solicitor General Tushar Mehta said the Governor had taken “appropriate decisions” on the Bills, and that he would give an update on the Bills.

Pointing out that a similar situation had arisen in Telangana as well where the Governor acted on the pending Bills only after the state government filed a petition, the Bench said, “Governors should not be oblivious to the fact that they are not elected authorities.” The CJI noted that the Assembly was adjourned sine die on March 22, 2022, without being prorogued and it was reconvened. Pointing out that the budget session virtually merged with the monsoon session, the CJI wondered if it was the scheme of the Constitution.

On behalf of the state government, senior counsel AM Singhvi and Advocate General Gurminder Singh said important Bills, including those relating to fiscal management, amendments to the GST and gurdwara management, were pending with the Governor, affecting governance in the state.

Gurminder Singh said four Bills passed by the Punjab Assembly were sent to the Governor, but the Bills had not been dealt with by him under Article 200 of the Constitution. The Sikh Gurdwaras (Amendment) Bill, 2023; the Punjab Universities Laws (Amendment) Bill, 2023; the Punjab Police (Amendment) Bill, 2023; and the Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023, were awaiting the Governor’s assent. These Bills were passed during the June 19-20 session of the Punjab Assembly, which the Governor had termed “patently illegal”.

This is the second time in a year that the AAP Government in Punjab has moved the top court against the Governor. Earlier, it had moved the Supreme Court after accusing the Governor of not “reverting” to the cabinet’s decision of summoning the budget session in March. The Governor had said the October 20-21 session, which was projected as an extension of the budget session, was “bound to be illegal” and any business conducted during it “unlawful”.

Purohit gave his assent to the Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023, on November 1. But in his letter to the Chief Minister on October 19, the Governor withheld his approval to three money Bills. The Governor’s approval is needed to table money Bills in the House.

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