Punjab Governor has called House for budget session on March 3, SC told
Feb 28, 2023
New Delhi [India], February 28 : The Supreme Court on Tuesday noted that Punjab Governor has issued a direction summoning the House for the budget session on March 3. However, the top court made it clear that Governor cannot delay Assembly session and Chief Minister is duty-bound to furnish details to the governor as sought.
Solicitor General Tushar Mehta informed the SC that Governor has now issued an order summoning the House in Punjab for the budget session on March 3.
With the issuance of the Punjab Governor's order to call the House in Punjab for the budget session, reliefs sought by the petitioner Punjab Government have been fulfilled, the court noted.
However, a bench led by Chief Justice of India DY Chandrachud and Justice PS Narasimha has taken note of the situation arising in Punjab and made various remarks.
The court, which take objection to the Chief Minister's comments and called it inappropriate, also made it clear that Governor could not seek legal advice on whether to convene the Budget Session, as he was bound by the aid and advice of the Council of Ministers.
The court also made it clear that Chief Minister has a duty to communicate with the governor and to furnish information concerning the administration of the state sought by the governor and similarly governor is duty-bound to accept the cabinet decision on calling budget sessions.
The court noted that in the present matter, the governor was advised by the council of ministers to convene a budget session at the behest of an elected government, and the governor was bound by the aid and advice of the council of ministers.
Punjab Governor has not called the sessions and said that he needs to get legal advice over a "derogatory letter" addressed to him by Chief Minister Bhagwant Mann.
The court remarked that political differences in a democratic polity are acceptable, and have to be worked out with a sense of propriety and maturity without having to race to the bottom. Unless these features are adhered to, constitutional principles will be put to jeopardy, the court opined.
The court said that there should be constitutional discourse and no one shall make statements like who are you?
The Punjab Government has approached the Supreme Court seeking to call the budget session scheduled in the State legislature.
