Supreme Court’s advice – uttamhindu.com

Government of Punjab Vs. In the case of the governor, the Supreme Court of the country advised both of them that both the government and the governor should act within the limits of the constitution. The top court said, it is the responsibility of the government to provide the information sought by the governor and the governor is duty-bound to accept the recommendations of the cabinet for convening the assembly session. The top court was hearing a plea by the Punjab government alleging that the governor refused to convene the budget session of the assembly on March 3. Solicitor General Tushar Mehta, appearing on behalf of the Governor to the bench of CJI Justice DY Chandrachud, told that the Governor has issued an order to convene the assembly session on March 3 on Monday itself. He never denied, just said he was taking legal advice. In such a situation, there is no basis for the petition of the Punjab Government. To this, the Supreme Court said, the Governor of Punjab had no opportunity to seek legal advice, as he was bound by the duty to aid and assist the ministers.

Justice PS Narasimha, who was part of the bench, said, although this court believes in the freedom of speech and expression, but it is necessary to conduct the constitutional dialogue between the office bearers in a spirit of decorum and mature statesmanship. Political differences are acceptable in a democratic polity, but it has to be done with restraint. The bench told Punjab government’s counsel Abhishek Manu Singhvi that under Article 167(b) of the Constitution, if the governor seeks any information from the government, the government is bound to provide that information. The government should depute one of its secretaries on this task. The Chief Justice told Solicitor General Tushar Mehta, appearing for the governor, that if the state cabinet said that the budget session has to be held, then the session has to be held. The Governor is bound by this and cannot seek legal advice in this regard.

Significantly, the tussle between Punjab Governor Banwarilal Purohit and Chief Minister Bhagwant Mann deepened last week after Purohit indicated that he was in no hurry to convene the budget session of the assembly. The Governor also reminded the Chief Minister about his ‘disrespectful’ response to a letter from the Raj Bhavan. In that letter, dated February 13, the governor asked Mann to explain the process of selecting 36 headmasters of government schools for a training seminar held recently in Singapore. He also raised several other issues in the letter. The Punjab cabinet had decided to hold the assembly session on March 3 and requested the governor to call a meeting of the house.

It is in the interest of Punjab that the government and the Governor should not move forward on the path of confrontation and following the advice given by the Supreme Court of the country, keeping in mind the Constitution and the dignity of their posts, give priority to the public interest, negative politics in the state and The country is not in the interest of both. Difference is a quality of democracy, but difference of opinion only weakens democracy.

– Irwin Khanna (Chief Editor, Dainik Uttam Hindu)