The Supreme Court is set to hear the Punjab government’s plea regarding the alleged delay in granting assent by Governor Banwarilal Purohit to bills passed by the Assembly on Monday. The plea, which also seeks directions to the governor to clear all pending bills awaiting his assent, has brought the issue of “unconstitutional inaction” to the court’s attention, indicating that it has paralyzed the entire administration.
The plea argues that the governor cannot indefinitely withhold approval, as he has limited powers under Article 200 of the Constitution. This article pertains to the governor’s authority to either grant or withhold assent or reserve a bill for the president’s consideration.
The ongoing dispute between the Punjab governor and the Aam Aadmi Party (AAP)-led government, headed by Chief Minister Bhagwant Mann, adds a layer of complexity to the situation. On November 1, Governor Purohit granted approval to two of the three bills sent to him. Prior to this, he had communicated to Chief Minister Mann, expressing his intention to thoroughly evaluate all proposed laws before allowing them to be tabled in the Assembly.
It is essential for the governor to approve money bills for their presentation in the House. Among the approved bills were the Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023.
However, in a letter dated October 19, the governor withheld his approval for three money bills, including the Punjab Fiscal Responsibility and Budget Management (Amendment) Bill, 2023, the Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023. These bills were scheduled to be presented in the Assembly during the October 20-21 session.
Governor Purohit expressed concerns that the October session, an extension of the budget session, was “bound to be illegal,” and any business conducted during it would be “unlawful.” In response, the Punjab government curtailed its two-day session on October 20, and Chief Minister Mann announced that they would approach the Supreme Court against the governor’s withholding of approval for the three bills.
This is the second instance within a year where the AAP government has turned to the apex court. Previously, the Punjab government had accused the governor of not responding to the cabinet’s decision to summon the budget session in March.
Additionally, four other bills passed during the June 19-20 session of the Punjab Assembly, namely the Sikh Gurdwaras (Amendment) Bill, 2023, the Punjab Universities Laws (Amendment) Bill, 2023, the Punjab Police (Amendment) Bill, 2023, and the Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023, are awaiting the governor’s assent. These bills had been deemed “patently illegal” by the governor.
