SC pulls up Punjab guv, doesn't spare govt either

Governors lack the constitutional powers to question the validity of an assembly session convened by the elected arm of the state, the Supreme Court held on Friday, reproaching Punjab governor Banwarilal Purohit for keeping four bills pending and expressing unhappiness with the conduct of both the Raj Bhavan and the state government.

- Utkarsh Anand

The top court underlined that "in a parliamentary form of democracy, real power vests in the elected representatives of the people" while the governor, as an appointee of the President, is just a "titular head" of the state. But it also criticised the state government, saying its actions of keeping the assembly in suspended animation indefinitely amounted to defeating the Constitution.

"If democracy has to work, it has to work in the hands of a chief minister as well as in the hands of governors," the court commented.

The remarks came at a time when Raj Bhavans in several states have been locked in confrontation with the elected government. In the last few months, Telangana, Tamil Nadu and Kerala, besides Punjab, have approached the Supreme Court, seeking directives to their respective governors.

Directing that "the governor of Punjab must now proceed to make a decision" on the four bills in accordance with the Constitution, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, declared the assembly sittings on June 19 and 20 to be "valid" and said it is not an option constitutionally open to a governor to raise disputes over the validity of a session.

"There is no valid constitutional basis to cast doubt on the validity of the session of the Vidhan Sabha which was held on June 19 and 20, 2023. Any attempt to doubt on the session of the legislature would be fraught with perils to democracy. The speaker, who has been recognised to be the guardian of the privileges of the House, was acting in his jurisdiction in adjourning the house sine die. The legislative assembly comprises of duly elected members of the legislature. During the tenure of the assembly, the house is governed by the decisions which are taken by the speaker," said the bench, which also comprised justices JB Pardiwala and Manoj Misra.