'Dialogue Between Constitutional Functionaries Cannot Degenerate Into A Race To Bottom' : Supreme Court Reprimands Punjab CM, Governor

The Punjab Governor on Tuesday informed the Supreme Court that he has summoned the budget assembly of Punjab assembly from March 3.Solicitor General of India Tushar Mehta, appearing on behalf of Governor Banwarilal Purohit, made this statement before a bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha, which was hearing a petition filed by the Punjab Government against the refusal of the Governor to summon the assembly. The bench had specially assembled to hear this matter at 3.50 PM after Senior Advocate Dr Abhishek Manu Singhvi mentioned the matter today before the CJI seeking urgent listing.As soon as the bench assembled, Solicitor General placed on record the order issued by the Governor today by which the budget session has been summoned from March 3. In view of the Governor's decision, the petition does not survive, SG added.Singhvi expressed anguish at the fact that the Government was forced to approach the Supreme Court for the Governor to summon the assembly. "The governor is supposed to function as per the constitution. If the governor, if he goes by discretion, a budget session would not convene. Does he understand the meaning of budget session?", Singhvi mounted a vehement criticism of the Governor's conduct.The senior counsel said that the Governor is now making a "virtue out of necessity" after the State approached the Supreme Court. "Is this the way the Governor is supposed to act? He has hijacked the Constitution", he said.In his turn, the Solicitor General stated that the Chief Minister had used extremely inappropriate language in his letters to the Governor. The Governor did not refuse to summon the assembly but only said that he will take a decision after getting legal advice on certain statements made by the Chief Minister Bhagwant Singh Mann. "Look at the level of discourse. Street level language is used!", SG exclaimed after reading out the CM's reply to Governor's letter seeking certain details as per Article 167.'Some dereliction on both sides', says benchAt this point, the bench observed that as per Article 167, the Governor is entitled to seek the information from the Government and the Government is supposed to give such an information. At the same time, the bench added that when the Cabinet has given an advice to summon the session, the Governor is bound by that."Dr Singhvi, as per Article 167(b), when the governor asks you to furnish information - you're duty bound to furnish it to him. Ask one of your secretaries to respond. At the same time, Mr SG, once the cabinet says budget session has to be convened, he is duty bound", CJI Chandrachud said."There must be in our public discourse, a certain constitutional discourse. We may belong to different political parties, of course the governor is to be above politics. We have to have a constitutional discourse", CJI Chandrachud stated while reminding that both the CM and the Governor are constitutional authorities."From both sides there is a dereliction", Justice Narasimha weighed in.In the order, the bench narrated the factual background of the issue. On February 13, 2023, the Governor had written to the Chief Minister seeking information regarding certain appointments and also regarding the decision taken to send some school principals to Singapore for training. The reply letter of the Chief Minister and a tweet made by him were considered objectionable by the Governor. Later, the Government wrote to the Governor seeking to summon the assembly. The Governor replied that he would decide on allowing the budget session only after getting legal advice on the tweets and statements made by the CM against the Governor, which were “extremely derogatory and patently unconstitutional". Although the reliefs claimed in the petition have been fulfilled in view of the Governor's latest order, the bench was constrained to make certain observations.Bench makes observations about the Constitutional roles of Governor and GovernmentIn the order, the bench mentioned about the duty of the Chief Minister to furnish information to the Governor as per Article 167 of the Constitution. The bench also noted that the power of the Governor to summon the assembly as per Article 174 of the Constitution has to be exercised as per the aid and advice of the council of the ministers. This has been laid down by the Constitution Bench judgments in Shamsher Singh, Nabam Rebia."In view of the clear constitutional provision, there cannot be no manner of doubt that the authority which is vested with the Governor to summon the house is to be exercised on the aid and advice of the council of ministers. It is not a constitutional power which the Governor is entitled to exercise on his discretion".In the present case, the Governor was advised to summon the house by a duly elected Government and hence the Governor was duty bound to do so. There was no occasion for the Governor to seek legal advice on the letter written by the cabinet seeking to...

'Dialogue Between Constitutional Functionaries Cannot Degenerate Into A Race To Bottom' : Supreme Court Reprimands Punjab CM, Governor

Padmakshi Sharma

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