Punjab Guv questions legality of Assembly session: ‘exploring options on Bills’

The Vidhan Sabha, during its two-day session on June 20 and 21 had passed four Bills, including one that seeks to curtail the power of Governor over the state universities.

Purohit’s letter comes two days after Mann urged him to give assent to the Sikh Gurdwaras (Amendment) Bill, 2023, aimed at ensuring free-to-air telecast of Gurbani from the Golden Temple in Amritsar.

Among others, the Punjab Police (Amendment) Bill, 2023 seeks to circumvent the role of the Union Public Service Commission (UPSC) in the selection of the state police chief and the Punjab Universities Laws (Amendment) Bill, 2023, which seeks to replace the Governor with the Chief Minister as Chancellor of state-run universities.
Bills passed in the House need the Governor’s assent before they become law.

In his reply to Mann’s letter, Purohit wrote: “I have proceeded to receive legal advice, which gives me to believe that your calling of Vidhan Sabha session on 19-06-2023 and 20-06-2023 — when these four Bills were passed — was in breach of law and procedure, thereby casting doubt on the legitimacy and legality of those Bills. In the background of the legal advice received, I am actively considering whether to obtain the legal opinion from the Attorney General of India, or as per the Constitution, to reserve these Bills for the consideration and consent of the President of India”.

On Mann’s letter on Bill pertaining to Gurbai telecast, the Governor said, “It appears from your own assertion that you are concerned with certain actions of ‘a particular political family’ that has prompted to passing of the Bill under reference. You have also pointed out what you perceive as the possible fall-out of any delay on my part in signing the Bill immediately. You have also thought it fit to describe the time taken by me as something that “amounts to stifling the democratic will of the people of Punjab”.

The Governor said that he did not wish to get into an exchange of words with Mann over what appeared to be a matter of “his private perception”.

“But I do wish to point out that I, as Governor, am enjoined by the Constitution of India to ensure Bills are passed in accordance with Law. In order to discharge my duties conscientiously, I proceeded to receive legal advice,” he wrote.
“As Chief Minister you will appreciate that the people of Punjab are equally concerned with ensuring that laws, which ultimately affect them are passed after following due procedure,” Purohit wrote, adding that he will “take action according to law after the legality of the Vidhan Sabha session is first examined”.

The Governor had sought legal opinion on the calling of the two-day session as the government had had not got the House prorogued after the Budget session after adjourning it sine-die. If not prorogued then the House is considered to be ongoing. The special session was technically an “extension” of the Budget session, the Governor had said, adding that in this scenario, “any Bill, other than being related to Budget could not be taken up” in the Assembly.
The AAP government, however, had argued that since the House was not prorogued, therefore, it did not require the approval of the Governor for calling the special session.

Reacting to Purohit’s letter, AAP chief spokesperson Malvinder Singh Kang said, “By unconstitutionally referring the Bills to the President, the Governor has revealed his true colorus as an agent of the Centre. His actions not only undermine the authority of the state Assembly but also expose a sinister agenda to suppress the voice of the people. Governor Purohit’s blatant disregard for due process and his attempt to subvert the will of the elected representatives, is a slap in the face of democracy”.

Shiromani Gurdwara Parbandhak Committee (SGPC) president Harjinder Singh Dhami, meanwhile, expressed satisfaction with the reply sent to Mann by the Governor. Dhami, who had earlier opposed the Sikh Gurdwaras (Amendment) Bill, 2023, hoped that the Governor would take decisions in accordance with the law in the future as well so that the sentiments of the people are represented.

Dhami said that CM should take a lesson from the reply sent by Governor and should avoid unconstitutional and arbitrary decisions in the future.

While pressing for Governor’s assent to the Sikh Gurdwaras (Amendment) Bill, 2023, Mann had said the agreement between the SGPC with a private channel currently telecasting Gurbani will expire on July 23. He had said that if the Bill is not signed immediately millions of devotees could be deprived of watching the live telecast of Gurbani.