After an extended discussion throughout the whole week, on the problems of a confrontation over the summoning of a Vidhan Sabha session, Punjab Governor Banwarlilal Purohit finally gave his approval to the Aam Aadmi Party (AAP) government to summon the session on Sunday, September 27.
The approval came just after an hour when the AAP government had finally written a protest letter to the Governor and stating that the “demand for the main points,” was basically unknown for the law , it also seems to be beyond the constitution too, contrary to precedent, practice and convention and hence legally untenable.”
The line between the Raj Bhavan and also the AAP government had just begun after the Governor had finally withdrawn the order which included the summoning of a special sitting of the Vidhan Sabha called by Mann to table a confidence motion.
Earlier the Governor had sought details of the business and also the government also wanted to undertake all the responsibilities within the Vidhan Sabha by drawing a plain reaction from Chief Minister, Bhagwant Mann,who said that ” it’s an excessive amount of “. Also before that the governor Purohit had scolded Mann regarding the foundations of the Vidhan Sabha and told him that his advisers or lectors weren’t briefing him the whole scenario properly.
The Governor had also written a letter to Mann and said that ” After reading the statements which he had stated yesterday in today’s newspaper, it seems to me that you simply are really very angry with me, I believe your legal lectors don’t seem to be briefing you the complete thing properly” also said that “perhaps your opinion about me will certainly change after reading the provisions of Articles 167 and 168 of the Indian Constitution, which I’m stating for your ready reference or guidance.”
Quoting the Articles, he had stated that in keeping with “Article 167, the duties of the Chief Minister as respects the furnishing of data to the Governor etc- It shall be the duty of the Chief Minister of every State: (a) to speak to the Governor of the State all decisions of the Council of Ministers regarding the administration of the affairs of the State and proposals for legislation; (b) To furnish such information regarding the administration of the affairs of the State and proposals for the legislation because the Governor may call for; and (c)If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a choice has been taken by a Minister but which has not been considered by the council. “
Quoting from Article 168, he had said, “Constitution of the Legislatures in States-(1) for each State there shall be a legislature which shall include the Governor, and a) In states of ……two houses; b) In other states, one house.”
The governor was also bearing on the statements of the Chief Minister, Bhagwant Mann, on Friday and said that ” The consent of the President before any session of Legislature could be a formality. within the 75 years of independence, no president or governor had ever been asked for the list of Legislative business before calling a session. Legislative business is basically decided by the BAC including the Speaker too. Next, the Governor will invite all speeches to be approved by him. It’s an excessive amount of.”
Bhagwant Mann’s statement came to light just after the Governor had asked the AAP government about the main points of legislative business it absolutely was going to undertake within the Vidhan Sabha session.In the letter which had stated by the govt. concludes that
the demand for the agenda including the details too, while it’s being met herein with no prejudice, can not be a condition precedent for calling or convening of a session nor delay within the convening of a session, which once decided upon by the Council of Ministers, the choice of the latter being binding on the Hon’ble Governor. Any form of the contrary approach would be unknown to the law, it’s beyond the Constitution, contrary to precedent, the practice, convention and hence legally untenable.”
Also added that it, “Nevertheless, the govt. proposes to require up Legislative/Government Business which inter alia includes burning problems with GST, stubble burning, power scenario, etc. for consideration of the state legislature. additionally, business on different issues as per notices received from the Hon’ble Members can also be preoccupied during the Session as per relevant provisions of the “Rules of Procedure and Conduct of Business within the Punjab Vidhan Sabha”.
It further also includes that , “It is, therefore, requested that each one the orders of the Hon’ble Governor may kindly be obtained for the summoning of the State Assembly on September 27, 2022, as per the choice of the govt, as conveyed vide this office memo no. 1/3/2017-3PA/469, dated 22.09.2022.”