The Supreme Court has commented on the issue of Governors in several states allegedly delaying action on bills cleared by the assemblies, stating that both sides need to engage in “soul searching.” The bench, headed by Chief Justice of India DY Chandrachud, emphasized that Governors must remember they are not elected representatives. The Punjab government’s petition against the Governor prompted this statement.
Tamil Nadu and Kerala have also approached the Supreme Court, citing delays in bill clearances by their respective Governors. As a response, the court has instructed Solicitor General Tushar Mehta to provide details of the action taken by Punjab Governor Banwarilal Purohit on the bills passed by the assembly.
Chief Justice Chandrachud urged the Governors to address bills before they reach the Supreme Court. However, the court also criticized the state government for reconvening the assembly session as an extension of the Budget session in June, after adjourning sine die in March.
Mr. Mehta, representing the Punjab Governor, dismissed the government’s petition as unnecessary litigation and claimed that Mr. Purohit had taken action on the bills presented to him.
Senior advocate Abhishek Singhvi, arguing on behalf of the Punjab government, stated that the governor had withheld seven bills, including those related to fiscal management and education. He mentioned that the bills were sent for the governor’s approval in July, and his inaction has had a negative impact on governance.
The Supreme Court observed that the assembly was adjourned sine die on March 22, 2022, without being prorogued, and was later reconvened. The court questioned whether this aligns with the constitutional scheme, as the Budget session effectively merged with the Monsoon session.
Mr. Mehta contended that once adjourned, the House cannot be reconvened in such a manner, alleging that the practice goes against the constitutional framework. He also claimed that the House was reconvened for the purpose of allowing members to “get together and abuse people.”
The Supreme Court further questioned why political parties in a democracy need to approach the court to convene a Budget session.
The matter is scheduled for further hearing on Friday.
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