Punjab Govt Clashes With Governor Over Budget Session

Punjab govt moves Supreme Court over Governor’s refusal for state Budget session: What does the law say?

GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Punjab Governor Banwarilal Purohit has summoned the state Assembly for a budget session, according to Solicitor General Tushar Mehta who made the statement just before the Supreme Court was scheduled to hear a challenge by the Punjab government against Governor Purohit's refusal to summon the session. This legal challenge is now irrelevant, but it has raised questions about the powers of Governors with regard to assembly sessions.

The Dispute

• In this dispute, Governor Purohit and AAP-led Punjab government are in a tussle.
• The Governor has refused to approve the Punjab Cabinet's decision to summon a Budget session of Vidhan Sabha from March 3. He had earlier raised concerns about government appointments and asked Chief Minister Bhagwant Mann for an explanation within 15 days.
• The Chief Minister refused to comply, stating that he was the head of a government elected by 3 crore people and threatened the Governor to seek legal advice on the matter.

Constitutional Conundrum: Can the Governor Refuse to Summon the Assembly?

• According to the Constitution of India, the Governor is expected to act according to the aid and advice of the council of ministers, leaving little room for discretion.
• Under Article 174 of the Constitution, the Governor is empowered to summon, prorogue or dissolve the House.
• Article 163(1) establishes a council of Ministers to aid and advise the Governor in the exercise of his functions.
• These provisions together leave minimal discretion with the Governor in summoning the House.
• In the 2016 NabamRebia and Bamang Felix vs Deputy Speaker case, the Supreme Court ruled that the power to summon the House is not solely vested in the Governor.

What reasons did the Punjab Governor give for his refusal?

Art-167: Duties of the Chief Minister in providing information to the Governor

• The provision mandates the Chief Minister to communicate decisions of the Council of Ministers to the Governor, furnish information, and submit matters for consideration if required by the Governor.
• The Governor's questions to CM Mann on appointments fall under this provision

Governor's Independent Action on Summoning the House in certain instances   

• For example, if the Chief Minister has lost the support of the House and their strength is debatable, in such cases, the Governor need not wait for the advice of the council of ministers to hold a floor test.

Article 174: The procedure for summoning the House

• The council of ministersapproves the government's decision to convene the House.
• The government writes to the Governor about the Cabinet's decision, which is then approved.

Article 175: The Governor's right to address and send messages to the House

• The Governor may address the Legislative Assembly and require the attendance of members.
• The Governor may send messages to the House, which the House must consider with all convenient dispatch.

Article 176: Governor's address to the House

• The Governor has to address the house at the commencement of the first session after each general election and at the commencement of the first session of each year.
• The government has to make a provision regulating the procedure of the House for the allotment of time for discussion of the matters referred to in such address.

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