LI Network
Published on: November 11, 2023 at 00:59 IST
The Supreme Court emphasized the constraints on governor powers, stating that a Governor cannot withhold assent to bills by questioning the validity of the legislative session in which they were passed.
The ruling came on Friday, November 10, as the Court urged Punjab Governor Banwarilal Purohit to decide promptly on four bills awaiting his assent.
The Court, comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, unequivocally declared the June session of the Punjab Assembly as valid.
The bench affirmed the Speaker’s authority to adjourn the budget session in March 2023, instead of proroguing it, and reconvening the session in June.
In a crucial observation, the Court stated, “Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy.”
The bench underscored that the Governor cannot constitutionally question the validity of the legislative session, as the Legislative Assembly comprises duly elected members.
The Court directed Governor Banwarilal Purohit to make decisions on the pending bills based on the constitutionally valid session conducted on June 19-20, 2023.
Emphasizing the essence of a parliamentary democracy, the Court noted, “In a Parliamentary form of democracy, real power rests with the elected representatives of the people… The Governor, as an appointee of the President, is the titular head of the State.”
Moreover, the bench warned against the misuse of the Speaker’s power to adjourn the session, stating that the house cannot be kept in suspended animation indefinitely. It reiterated the necessity of three sessions per year and highlighted that one session cannot be perpetually extended.
Chief Justice DY Chandrachud expressed concern during the hearing, stating that the Governor was “playing with fire” by withholding assent on bills. The Chief Justice questioned the implications of granting such power to the Governor, emphasizing, “Will we continue to be a parliamentary democracy?”
Senior Advocate Dr. Abhishek Manu Singhvi, representing the State of Punjab, assured the Court that the Chief Minister would advise the Speaker to convene the winter session of the state legislative assembly promptly.
The Supreme Court’s decision underscores the significance of adhering to constitutional principles and ensuring the smooth functioning of parliamentary democracy.
This ruling is particularly relevant as the Court addresses similar petitions from other states, such as Kerala and Tamil Nadu, challenging their respective Governors’ actions.
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab And Anr. W.P.(C) No. 1224/2023
