The Supreme Court has criticized the Punjab Governor for indefinitely delaying the approval of Bills passed by the state legislature. In a recent judgment, the Court clarified the role of a Governor and emphasized that such actions undermine the legislative process and the authority of elected representatives.
The verdict, released on November 10, addressed a petition filed by the AAP government in Punjab. The government argued that Governor Banwarilal Purohit was withholding his approval of four Bills passed by the state assembly.
The Supreme Court bench, consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, stated that the Governor cannot keep a Bill pending without taking any action. They deemed this inconsistent with the constitutional powers entrusted to the Governor and the expression of the legislative process.
The Court further highlighted that the Governor, as an unelected Head of State, should not use their powers to obstruct the state legislatures’ lawmaking process. The true power lies with the elected representatives of the people, and the Governor serves as the titular head of state.
The Court also reaffirmed the principle that the Governor acts on the “aid and advice” of the council of ministers, except in areas where discretionary power is granted by the Constitution.
This ruling comes amidst a longstanding dispute between Governor Purohit and the AAP government in Punjab. Governor Purohit had initially rejected all proposed laws, but later approved two out of three bills presented to him on November 1. These bills were enacted during a session of the Punjab Assembly in June, which the Governor had previously deemed as illegal.
The Punjab government has also sought a formal declaration from the Court regarding the legality of the June assembly session and the actions taken during that session.
This judgment follows a similar plea by the Tamil Nadu government concerning delays in clearing bills in their state, which the Supreme Court heard earlier this week.
