Governor Can't Doubt Validity Of Assembly Session : Supreme Court Asks Punjab Governor To Decide On Pending Bills

In a significant judgment delineating the limits of the gubernatorial powers, the Supreme Court on Friday (November 10) held that it is not open for a Governor to withhold assent to bills by doubting the validity of the legislative session in which they were passed.Declaring so, the Court held that the Punjab Governor Banwarilal Purohit must proceed to decide on the four bills which have been submitted for his assent. The Punjab Governor had withheld assent on the bills by doubting the validity of the June session of the Punjab Vidhan Sabha, in which they were passed.The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra passed a categorical declaration that the June Session of the Punjab Assembly was valid. The bench held that it was within the powers of the Speaker to adjourn the budget session convened in March 2023, instead of proroguing it, and calling back the session again in June.Governor can't doubt the sessionDeciding a writ petition filed by the Punjab Government against the Governor's inaction on four bills, which include money bills, the bench observed in the judgment :"Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy. The Speaker, who has been recognised to be the guardian of the privileges of house,was acting in his jurisdiction in adjourning the house sine die.Casting doubt on the validity of the session of the house is not a constitutional option open to the governor. The legislative assembly comprises of duly elected members of legislature"."We are of the view that the governor of Punjab must now proceed to take decision on bills submitted for assent on the basis that the sitting of the house conducted on 19-20 June 2023 was constitutionally valid", the bench stated.Real power vests with elected representatives"It must be noted that 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", the Court observed in the judgment.House can't be kept in suspended animation permanentlyThe bench also observed that the Speaker's powers to adjourn the session cannot be misused to keep the house in a suspended animation permanently. There has to be three sessions of the house in a year and one session cannot be allowed to be indefinitely extended.The bench also recorded the assurance made by Senior Advocate Dr Abhishek Manu Singhvi on behalf of the State that the Chief Minister would be advising the speaker to convene the winter session of the state legislative assembly at an early date.Governor playing with fire, CJI saysDuring the hearing, the Chief Justice of India went to extent of saying that the Governor was "playing with fire" by withholding assent on four bills on this ground."How can you say that bill which has been passed cannot be assented to because session is invalid? You realise the gravity of what you're doing?You're playing with fire. How can the governor say this...these are bills passed by elected members...Will we continue to be a parliamentary democracy? This is a very serious matter", CJI DY Chandrachud orally saidCJI DY Chandrachud also questioned the implications of giving such power to the Governor, stating, "if we give such power to the Governor, will we continue to be a parliamentary democracy?" #BREAKING "You(Governor) are playing with fire. How can the Governor say the bills passed by the assembly are invalid because the session was irregular", #SupremeCourt asks #Punjab Governor. https://t.co/tOdmcscAVv— Live Law (@LiveLawIndia) November 10, 2023 Arguments Raised In The Court At the outset, the counsel appearing for the Secretary to the Governor of State of Punjab asserted that the Governor had only kept four bills pending and the same was done as there existed a dispute regarding the validity of the sessions in which the said bills were passed. He argued that the State Legislature was bound to have three sessions– Budget Session, Monsoon Session, and the Winter Session. However, he stated, the State Legislature kept on extending the Budget Session, which was supposed to end in March, and held Sessions in June and October. Thus, the Budget session was not prorogued, and was simply adjourned. Instead of calling a fresh monsoon session, the budget session was reconvened in June. This obviated the need to wait for the Governor to summon a session, which is necessary for a fresh session. In this context, it may be noted that the Governor summoned the budget session in March, only after the State Government approached the Supreme Court.The four bills were passed in the Session held in June. Expressing doubts about the validity of the session, the Governor reserved assent on the bills, saying that he required to take legal opinion of the Attorney General.CJI questions the manner of holding the sessionUpon this submission, the CJI expressed his...

Governor Can't Doubt Validity Of Assembly Session : Supreme Court Asks Punjab Governor To Decide On Pending Bills

Padmakshi Sharma

In a Parliamentary form of democracy, real power rests with the elected representatives of the people, the Court said.

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