Punjab Govt presses ahead with assembly session even after Governor red flag
This is the second time this year that a row has erupted between the AAP government and the Raj Bhavan over the summoning of an Assembly session — the last time it was over a two-day special sitting called in June.
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Chandigarh Administrator Banwarilal Purohit (File Photo) Three days after the Bhagwant Mann government called a two-day extension of the Budget session, the Governor’s Secretariat Friday said convening of any such sitting of the Vidhan Sabha is “bound to be illegal” and any business conducted during it “unlawful”. Hours later, however, the Vidhan Sabha Secretariat announced schedule of the session.
According to the tentative schedule, the sitting will begin with obituary references on October 20 at 11 am, followed by legislative business to be taken up at 12 pm. The House will take up legislative business on October 21. This is the second time this year that a row has erupted between the AAP government and the Raj Bhavan over the summoning of an Assembly session — the last time it was over a two-day special sitting called in June.
The Under-Secretary of the Raj Bhavan, in a letter to the Vidhan Sabha secretary reminded that Governor Banwarilal Purohit had termed the special session in June as “patently illegal”. A government official had earlier confirmed that the October 20-21 session will be an extension of Budget session held in March – held in two phases, first from March 3 to March 11 and the second from March 22 till March 24. The AAP government had decided to convene the session to ratify changes in the Goods and Services Tax (GST) Act and was looking to discuss the recent Supreme Court directive over the construction of the Sutlej Yamuna Link canal.
Since the current Budget session has not been prorogued yet, the government officials had argued that the Governor’s approval to call an extended sitting was not required and the Vidhan Sabha Speaker is competent to convene it. In its communication to the Vidhan Sabha Secretary, the Governor’s Secretariat reminded the former of Purohit’s letter on July 24, “which recorded Hon’ble Governor’s objection to a similar extended session styled as the ‘Special Session of the 4th (Budget) session…called on June 12, for June 19 and 20.”
“Based on legal advice and for reasons stated in the said letter, Hon’ble governor had pointed out that the calling of such a session was patently illegal, against the accepted procedures and the practice of the legislature, and against the provisions of the Constitution,” it stated.
It further added that in the present case also, “calling of a special session… suggesting that it is a continuance of the fourth session, which was adjourned sine die on June 20, is nothing but an attempt to extend the budget session, which was summoned by the Hon’ble Governor for March 3 and which stood concluded on March 22, after the completion of the agenda for business of the said session.”
“In view of the reasons stated in the letter dated July 24, any such extended session is bound to be illegal, and any business conducted during such sessions is unlawful, and ab initio void (having no legal effect)”, it added. However, a senior government official, requesting anonymity, said the session will be held as per the schedule announced.
“It will be convened and GST Law would be ratified. The ratified law will be sent to Governor for his assent. If the Governor does not give his assent, it would not be notified. The Centre can then take it up with him. It is up to the Governor on whether he wants to give the session legal sanctity or not,” the official said. Earlier, talking to reporters in Amritsar on Thursday, Governor Purohit said that he was not asked about the two-day session being called by the state. In July, Purohit had said that once business of the meeting is over and nothing remains to be transacted, the meeting cannot be artificially kept alive.
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