Punjab Governor Banwarilal Purohit on Monday told Chief Minister Bhagwant Mann that calling the special assembly session last month was a likely “breach of law and procedure” and indicated that he may not sign off soon on the Bills passed during that sitting of the House.
In a letter set to intensify the tussle between the state’s Aam Aadmi Party government and the Raj Bhavan, Purohit questioned the legality of the Bills and said he was “actively considering” seeking the Attorney General’s advice on them – or referring them to the President.
Purohit's response came two days after CM Mann urged the governor to sign the Sikh Gurdwaras (Amendment) Bill, 2023, aimed at ensuring free-to-air telecast of Gurbani from the Golden Temple in Amritsar. This was one of the four Bills passed during the June 20-21 session.
In his reply to Mann's letter, Purohit wrote he will take action on the Bills after the legality of the session held last month was first examined. As governor, he was enjoined by the Constitution of India to ensure Bills are passed “in accordance with law,” he said.
Bills passed in the House need the governor’s assent before they become law.
“In order to discharge my duties conscientiously, I have proceeded to receive legal advice which gives me to believe that your calling of Vidhan Sabha session on 19-06-2023 and 20-06-2023 when these four Bills were passed was in breach of law and procedure, thereby casting doubt on the legitimacy and legality of those Bills,” the governor wrote.
“In the background of the legal advice received,” he added, “I am actively considering whether to obtain the legal opinion from the Attorney General of India, or as per the Constitution, to reserve these Bills for the consideration and consent of the President of India”.
The two-day special session of the Punjab Assembly was technically an “extension” of the Budget session, which had not been prorogued. Therefore, it did not require the approval of the governor, it was argued.
During the brief session, the AAP-dominated Assembly also passed Bills meant to cut the governor and a central agency to size.
The Punjab Police (Amendment) Bill, 2023 sought to circumvent the role of the Union Public Service Commission (UPSC) at the Centre in the selection of the state police chief.
The Punjab Universities Laws (Amendment) Bill, 2023 was meant to replace the governor with the chief minister as chancellor of state-run universities.
The governor told the CM that he did not wish to get into an exchange of words with him over what appeared to be a matter of “his private perception”.
“With reference to your communication of 15th July, it appears from your own assertion that you are concerned with certain actions of 'a particular political family' that has prompted to passing of the Bill under reference,” he wrote.
Mann’s reference apparently was to the politically important Badal family,which dominates the Shiromani Akali Dal. The private channel which had been broadcasting the Gurbani is often said to be linked to the family.
“You have also pointed out what you perceive as the possible fall-out of any delay on my part in signing the Bill immediately. You have also thought it fit to describe the time taken by me as something that "amounts to stifling the democratic will of the people of Punjab", the governor wrote on Monday.
“As Chief Minister you will appreciate that the people of Punjab are equally concerned with ensuring that laws which ultimately affect them are passed after following due procedure,“ he said.
Mann had said the agreement between the Shiromani Gurdwara Parbandhak Committee (SGPC) with the private channel will expire on July 23, adding that if the Bill is not signed immediately millions of devotees could be deprived of watching the live telecast of Gurbani.
Mann had been at loggerheads with the governor on several issues, including the selections for the post of some vice-chancellors made by the state government.
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