Supreme Court orders Punjab Governor to decide on pending bills; says Governor cannot cast doubt on assembly session's validity

The Supreme Court on Friday ordered Punjab Governor Banwarilal Purohit to decide on the bills submitted before him by the State legislature for his assent..The bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said there was no constitutional basis for the Governor to cast doubt on the validity of the legislative assembly session held in June this year, which was the ground cited by the Governor to withhold his decision on the bills..The special session held in June was an extension of the Budget Session held in March this year.“Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy,” said the CourtThe Speaker, who has been recognized as the guardian of the privileges of the houses and the constitutionally recognized authority, was acting well within his jurisdiction in adjourning the house sine die, the Court added.The convening of the House on June 19 and 20 was within the ambit of the rules of procedure of business and conduct of the Vidhan Sabha, the top Court said.“Casting doubt on the validity of the house of sessions is not a constitutional option available to the Governor,” the Court further held. .The Court underscored that in a parliamentary form of democracy, the real power vests in elected representatives of people. The government consists of the State legislators and, therefore, they are accountable and subject to scrutiny by the legislature, it added.The Court reiterated that the fundamental principle to be followed is that the Governor acts on the aid and advice of the council of ministers. “The Governor as an appointee of the President is the titular head of the State,” it said adding the Governor was intended only to be a Constitutional statesman to guide the government on matters of constitutional concern..Punjab Governor Banwarilal Purohit and the Aam Aadmi Party (AAP) government have been at loggerheads over the extended Budget Session that was held between March 3 and March 22. While a two-day special session was held in June, another session called on October 20 and 21 was cut short after Purohit called it illegal and withheld approvals for the introduction of three money bills. The four bills passed during the special session held in June have also not been approved by the Governor. In this backdrop, the Punjab government approached the Supreme Court for relief. The government urged the top court to declare that the legislative assembly sessions called in June and October were legal and that the business carried out during these sessions was legal. Meanwhile, the three money bills pending before the Governor were cleared for introduction last week by him after the filing of the petition before the top court..During the hearing today, the Court pulled up Punjab government and Governor Purohit alike for their actions.The Court called the extension of the Budget Session a “subterfuge” and said it does not augur well for democracy. It asked Senior Advocate Abhishek Manu Singhvi to advise the government that what it was doing was defeating the Constitution.“How can sessions be adjourned sine die like this? Ultimately. if democracy has to work, it has to work in the hands of Chief ministers and Governors… You cannot defeat the rules of the Legislative Assembly merely by saying that we are not proroguing the house,” CJI Chandrachud said. On Chief Minister reportedly calling Governor Purohit “vella” or idle person during his address in the assembly, CJI Chandrachud said the Chief Minister needs to maintain decorum in the language of discourse..However, the Court also questioned Governor Purohit for sitting over the bills passed by the State legislature. It said that not giving assent to the bills by calling the session unconstitutional, was like playing with fire. “What will happen to the parliamentary form of government?” the top court asked.It further said that the conflicts between Governor Purohit and the AAP government in Punjab were of serious concern. CJI Chandrachud emphasised that the Governor was only the titular head and questioned how he could sit in judgement on whether the legislative assembly sessions were valid or not..Solicitor General Tushar Mehta also intervened during the hearing, saying that the Union of India would try to find a solution under the Constitution and get back to the Court. “If the Court gives me a week, then this Court would not have to be troubled,” Mehta said..During the post-lunch session of the hearing, Senior Advocate Satya Pal Jain, who represented the Secretary to Governor, also submitted that he has conveyed the Court's oral observations to the Governor, while seeking time till Monday for a resolution.However, the Court said it would like to proceed with the order. Accordingly, it declared the extended session legal and asked the Governor to take a decision on the pending bills.