Supreme Court directs Punjab Governor to decide on Bills passed by legislative assembly

The Supreme Court has directed Punjab Governor Banwarilal Purohit to decide on the Bills passed by the legislative assembly during its constitutionally valid session held on June 19 and 20, saying the governors power cannot be used to thwart the normal course of lawmaking.

The Supreme Court has directed Punjab Governor Banwarilal Purohit to decide on the Bills passed by the legislative assembly during its constitutionally valid session held on June 19 and 20, stating that the governor's power cannot be used to thwart the normal course of lawmaking. The top court's 27-page judgment, uploaded on Thursday night, came in response to a plea filed by the Aam Aadmi Party (AAP) government in Punjab, which alleged that the governor was not granting his assent to four bills passed by the assembly. The Punjab government had also sought a judicial declaration that the assembly session held on June 19 and 20 was legal and that the business transacted by the House is valid.

Validity of Assembly Sessions

A bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra held that the assembly sessions were valid and that this aspect was not open to the governor after the Speaker took the decision. The bench observed, "We are of the view that 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, 2023, June 20, 2023, and October 20, 2023. Any attempt to cast doubt on the session of the legislature would be replete with grave perils to democracy." The judgment further stated that the Speaker, who is recognized as the guardian of the privileges of the House and the constitutionally recognized authority who represents the House, was acting well within his jurisdiction in adjourning the House sine die.

Governor's Role and Constitutional Provisions

The judgment clarified that the Governor, as an unelected Head of the State, is entrusted with certain constitutional powers. However, it emphasized that this power cannot be used to thwart the normal course of lawmaking by the state legislatures. The bench stated, "Casting doubt on the validity of the session of the House is not a constitutional option open to the governor," adding that the legislative assembly comprises duly elected MLAs and is governed by the decisions taken by the speaker. The judgment concluded that the Governor of Punjab must now proceed to take a decision on the Bills submitted for assent on the basis that the sitting of the House conducted on 19 June 2023, 20 June 2023, and 20 October 2023, was constitutionally valid.

Governor's Discretion and Accountability

The top court also clarified that it has not expressed any opinion regarding the manner in which the governor will exercise his jurisdiction on the Bills in question presented to him. The judgment highlighted that in a Parliamentary form of democracy, real power vests in the elected representatives of the people. It stated, "The governments, both in the states and at the Centre consist of members of the State Legislature, and, as the case may be, Parliament. Members of the government in a Cabinet form of government are accountable to and subject to scrutiny by the legislature. The Governor as an appointee of the President is the titular head of State."

Bills Passed by the Assembly

The bench further clarified the process to be followed if the governor decides to withhold assent to a Bill. In such cases, the governor is required to return the bill to the legislature for reconsideration. The judgment stated, "If the governor decides to withhold assent under the substantive part of Article 200, the logical course of action is to pursue the course indicated in the first proviso of remitting the Bill to the state legislature for reconsideration." It emphasized that the power to withhold assent under Article 200 must be read together with the consequential course of action to be adopted.

The Supreme Court's judgment in the case of the Punjab Governor's assent to Bills passed by the assembly upholds the principles of constitutional governance and the separation of powers between different organs of the state. The court's directive to the governor to decide on the Bills without casting doubt on the validity of the assembly sessions reaffirms the importance of respecting the legislative process and the will of the elected representatives. This judgment sets a precedent for future instances where governors may attempt to overstep their constitutional boundaries and interfere with the normal functioning of state legislatures.