Chandigarh: Punjab Governor Banwarilal Purohit has said that the Special Punjab Vidhan Sabha session, called by the Aam Aadmi Party government on June 19-20, was in breach of law and procedure. This casts aspersions on the legality of the four bills passed by the Assembly then.
The Governor, in a letter to Chief Minister Bhagwant Mann, has said that he had received legal advice, which has made him believe that the session was “in breach of law and procedure”. He was replying to a letter sent by the latter to him, wherein CM Mann had accused Governor Purohit for delaying the assent to the Sikh Gurudwara (Amendment) Bill, 2023, saying it was passed in order to do away with the monopoly on the telecast of Gurbani from Darbar Sahib by a news channel owned by a political family. This Bill, along with the Punjab Police Amendment Bill, was sent to the Governor for his approval on June 26, 2023.
Though it is not mentioned in the letter today, it is clearly implied that the other three bills - Punjab Police Amendment Bill, 2023 (regarding appointment of state DGP), Punjab Affiliated Colleges (Protection of Services) Amendment Bill, 2023 and the Punjab University Laws Amendment Bill, 2023 (which seeks to remove the Governor as chancellor of state universities) - will also not get his nod anytime soon.
It may be mentioned that after the two day session had concluded last month, the Punjab Governor had clearly said that he would first examine the constitutional legality of the session. He had then said that he wanted to see if the special session was an extension of the Budget session, because the Vidhan Sabha was not prorogued. “If it was an extension then we need to examine if Bills could be passed, or the proceedings had to be restricted only to the budget related business,” he had then said.
In his letter, the Governor has said, “ I do wish to point out that ,I, as Governor, am enjoined by the Constitution of India to ensure Bills are passed in accordance with Law. In order to discharge my duties conscientiously, I have proceeded to receive legal advice… In the background of the legal advice received, 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. 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. You may rest assured that I shall take action according to law after the legality of the Vidhan Sabha session held on June 19-20 is first examined,” he has said.
