NEW DELHI: Reaffirming that the governor cannot doubt the validity of a session of the legislature, the Supreme Court on Friday held the June 19-20 session of the Punjab Assembly constitutionally valid, asking Banwarilal Purohit to decide the four pending bills awaiting his approval.
The court response came on a plea by the Punjab government against the governor holding the bills. A bench headed by CJI DY Chandrachud said the governor “must proceed to take a decision” while remarking that the situation was like “playing with fire.”
“Do you realise the gravity of the situation? You’re playing with fire,” the court asked governor’s counsel Satyapal Jain. The counsel referred to Article 174 of the Constitution, saying that the Budget session was extended indefinitely. Senior advocate AM Singhvi told the court that the Governor doubted the validity of the Speaker’s decision to hold the sessions.
To this, the bench asked: “How can the governor say this? We are not happy with what is happening in Punjab. Will we continue to be a parliamentary democracy?”
The bench, also comprising Justices JB Pardiwala and Manoj Misra, clarified that the Speaker has the power to adjourn the budget session convened in March 2023, instead of proroguing it. “The Speaker can call back the session again in June. The Governor cannot doubt the session,” said the bench.
“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,” said the court.“Casting doubt on the validity of the session of the House is not a constitutional option open to the governor,” observed the top court.