'Playing with fire': Supreme Court tells Punjab Governor to decide on Bills, calls June session valid

Satya Prakash

New Delhi, November 10

Declaring the Punjab Legislative Assembly’s session held in June as constitutionally valid, the Supreme Court on Friday asked Governor Banwarilal Purohit to take decisions on the four Bills — passed during the extended Budget Session — that have remained pending with him.

“There is no valid constitutional basis to cast doubt on the session of the Vidhan Sabha and any attempt to cast doubt on the session of the legislature would be fraught with grave perils for democracy. The Speaker was within the ambit of Rule 16 of Rules of Procedure of Business of the Punjab Vidhan Sabha,” a three-judge Bench led by CJI DY Chandrachud said.

“Casting doubt on the validity of the session of the House is not a constitutional option available to the Governor. We, therefore, hold that the Punjab Governor now must proceed to take decisions on the Bills passed during the June 19, 2023, session which was constitutionally valid,” it said.

The Bench, however, made it clear that the Governor was free to proceed as per law and grant his assent or withhold his assent or refer the four Bills to the President as it refrained from expressing any opinion on his constitutional authority or the manner in which he should exercise his powers.

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 — are awaiting the Governor’s assent. These Bills were passed during the June 19-20 session of the Punjab Legislative Assembly, which the Governor had termed “patently illegal”.

“The Governor is a titular head. The fundamental law followed is that the Governor acts on aid and advice of the Council of Ministers, except on subjects he has discretion… The Governor is expected to act as a constitutional statesman guiding the government on matters of constitutional concern,” the Bench said.

The top court also issued notice to the Centre on Tamil Nadu Government’s petition alleging delay by the Governor in giving assent to Bills passed by the state Assembly and sought the assistance of the Attorney General or Solicitor General and posted the matter for further hearing on November 20.

Noting that 12 Bills and several issues, including the premature release of prisoners, sanction for prosecution and appointment of members to the Tamil Nadu Public Service Commission, were pending with the Governor, the court said this was a “matter of serious concern.”

While the Bench was dictating the Punjab order, Solicitor General Tushar Mehta urged it to clarify that the House couldn’t be repeatedly adjourned sine die to avoid prorogation. The CJI assured him that he would consider adding it to the final order.

Earlier taking strong exception to the Punjab Governor sitting over certain Bills passed by the Punjab Legislative Assembly, the top court cautioned Purohit, saying he was playing with fire.

“How can the Governor say the Bills passed by the Assembly are invalid because the session was irregular? These are Bills passed by a duly elected body… not clearing the Bills saying that the session is unconstitutional is like playing with fire.” the Bench commented.

“Please don’t deflect the course of Bills passed by the duly elected Assembly. It’s a matter of very serious concern,” the Bench told Additional Solicitor General Satya Pal Jain, who represented the Governor’s Office. Jain said 185 Bills had been cleared by the Governor and these four were the only Bills pending.

The Bench also disapproved of the Punjab Government’s conduct in not proroguing the Budget Session and virtually merging it with the Winter Session.

Notice to Centre on Tamil Nadu’s plea against Governor

The SC issued notice to the Centre on Tamil Nadu Government’s petition alleging delay by the Governor in giving assent to 12 Bills passed by the state Assembly. It posted the matter for November 20.

Also frowns on AAP govt’s conduct

The Bench also disapproved of the Punjab Government’s conduct in not proroguing the Budget session and virtually merging it with the winter session.

4 Bills await governor’s approval

• Sikh Gurdwaras (Amendment) Bill, 2023
• Punjab Universities Laws (Amendment) Bill, 2023
• Punjab Police (Amendment) Bill, 2023
• Punjab Affiliated Colleges Amendment Bill, 2023