Punjab govt moves Supreme Court over Governor’s refusal for state Budget Session

Subject : Polity

Section :Federalism

Concept :

Solicitor General Tushar Mehta told the Supreme Court Tuesday that Punjab Governor Banwarilal Purohit has summoned the state Assembly for a budget session.
Mehta’s statement came minutes before the Supreme Court was set to hear a challenge by the Punjab government against Governor Purohit, over his refusal to summon the Budget session of Vidhan Sabha.

About the Dispute

Punjab Governor has refused to give his approval for the Punjab Cabinet’s decision to summon a Budget session of Vidhan Sabha from March 3.
The Governor had earlier raised several questions on appointments by the government, seeking an answer from Chief Minister Bhagwant Mann within 15 days, following which he threatened to seek legal advice on the issue. The CM had refused, stating that he was the head of a government elected by 3 crore people.

Governor refusal to summon the assembly

The Governor has to act according to the aid and advice of the council of ministers. Constitutionally, the office of the Governor has little discretion to not act on the cabinet’s advice.
Under Article 174, a Governor shall summon the House at a time and place, as she or he thinks fit.
Article 174 (2) (a) says a Governor may from “time to time” prorogue the House and 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
Article 163(1) of the Constitution says that “there shall be a council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.”
A joint reading of the two provisions ( Article 174 and 163 ) leaves the Governor with minimal discretion in summoning the house.
Governor Purohit has cited Article 167 of the Constitution, which relates to the duties of the Chief Minister in furnishing information to the Governor. Governor Purohit’s questions to CM Mann on appointments are under this provision.

Governor discretion

However, there are a few instances when the Governor can act independently on summoning the House.
For example, when the chief minister has lost the support of the House and his strength is debatable, then the Governor need not wait for the advice of the council of ministers to hold a floor test.

Procedure for convening the house

Procedure as per Article 174 of the Constitution requires the Governor to summon the House.
The council of ministers approves the government’s decision of convening the House. The government then writes to the Governor about the Cabinet’s decision and it is then approved.