Guv: Bills to clear expeditiously as per SC order
The News Freedom
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Chandigarh, November 24
Punjab Chief Minister, Bhagwant Singh Mann, on Friday urged the Punjab Governor to clear all the five pending Bills including the Sikh Gurdwaras (Amendment) Bill, 2023, the Punjab Police (Amendment) Bill, 2023, the Punjab Affiliated Colleges (Security of Service) (Amendment) Bill, 2023, the Punjab Universities Laws (Amendment) Bill, 2023 and Punjab State Vigilance Commission (Repeal) Bill, 2022. “ I would request that in keeping with the constitutional obligation and the spirit of democracy as elucidated in the orders on November 10 of the Supreme Court, these bills be cleared forthwith,” the Chief Minister said in a letter written to the Governor today.
In a reply to the Chief Minister’s letter, Punjab Governor Banwari Lal Purohit said that the five bills mentioned in your letter are under my active consideration and appropriate decision according to the law will be taken expeditiously, in keeping with the judgement passed by the Supreme Court on November 10, which was uploaded on the website yesterday. “ I am happy to note that the practice of adjourning the assembly sine die and recalling it without proroguing came to an end finally. Though it came through the indulgence by Hon’ble Supreme Court, I am glad that healthy democratic practices are put on track. In fact, I have been repeatedly advising you to follow the same procedure which was agreed upon by you in the Supreme Court,” the Governor further said.
Providing details in his letter to the Governor, Chief Minister Mann has also highlighted that out of five pending bills four were passed in the sittings of the budget session held on June 19 and 20. “ In your earlier communications, you had stated that the validity of the special sittings of the Vidhan Sabha, convened by the Speaker in June 2023 was in doubt, which was an impediment for clearing the bills. The issue regarding the sitting of Punjab Vidhan Sabha on June 19 and June 20 has been held valid by the Supreme Court in its orders pronounced in court on November 10,” the Chief Minister further said.
In an official statement, the Chief Minister also said that the Supreme Court has given a clear verdict in this regard and the bills passed by the Punjab Vidhan Sabha are now lying with the Governor. “The time has come when the Governor should discharge his constitutional and legislative duties by ensuring the smooth functioning of an elected government in the state,” he said.
The Supreme Court in its order on November 10 held that the Governor, as an unelected head of the state, is entrusted with certain constitutional powers. However, this power cannot be used to thwart the normal course of lawmaking by the state legislatures. “Consequently, 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, the Supreme Court bench headed by Chief Justice, Dr Dhananjaya Y Chandrachud, said.
Acting on a petition filed by the Punjab government, the Supreme Court further said that we are of the view that there is no valid constitutional basis to cast doubt on the validity of the session of the Punjab Vidhan Sabha which was held on 19 June 2023, 20 June 2023 and 20 October 2023.
“Any attempt to cast doubt on the session of the legislature would be replete with grave perils to democracy. The Speaker who has been recognised to be a 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,” the Supreme Court said.
The Supreme Court in its order passed on November 10 and available on Thursday, further said that the re-convening of the House was within the ambit of Rule 16 of the Rules of Procedure. 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 the legislature.
“ During the tenure of the Assembly, the House is governed by the decisions which are taken by the Speaker in matters of adjournment and prorogation. We are, therefore, of the view that the Governor of Punjab must now proceed to take a decision on the Bills which have been submitted for assent on the basis that the sitting of the House which was conducted on 19 June 2023, 20 June 2023 and 20 October 2023 was constitutionally valid,” the Supreme Court further said.
The Supreme Court said that we clarify that we have not expressed any opinion in regard to the manner in which the Governor will exercise his jurisdiction on the Bills in question presented to him. However, he must act in a manner consistent with the provisions of Article 200 of the Constitution.