Punjab budget session case: Supreme Court slams both Punjab Governor and Chief Minister

The Supreme Court on Tuesday took a dim view of the conduct of both the Governor and the Chief Minister of Punjab in connection with the recent controversy surrounding Governor's refusal to summon the budget session of the Punjab Legislative Assembly..Referring to the war of words between Governor Banwarilal Purohit and Chief Minister Bhagwant Mann, the Court said that while it is cognizant of the right to free speech and expression, Constitutional discourse has to be conducted with a sense of decorum and mature statesmanship.."Political differences in a democratic polity is acceptable and has to be worked out with a sense of propriety and maturity without having to race to the bottom. Unless these features are adhered to, Constitutional principles will be put to jeopardy," the Court said.A bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha was hearing a plea filed by the Aam Aadmi Party (AAP) government in Punjab after the Governor refused to summon the budget session of the State legislature, which was slated to begin on March 3..The Court found that there was no occasion for the Governor to seek legal advice on whether to summon the budget session and he is bound by the advice of the council of ministers in this regard.Further, it noted that the tone and tenor of the Chief Minister's letter and tweet, which had eventually prompted the Governor to refuse summoning the budget session, "left much to be desired.".The bench comprising Chief justice DY Chandrachud and Justice PS Narasimha expressed hope that mature Constitutional statesmanship will not lead to more such situations and that the functionaries are aware of the public trust entrusted to them to sub-serve citizens. "We note that failure of Constitutional authority to fulfil its duty would not be a justification for another to fulfill his distinct duty under Constitution", the Court added..Governor can't delay Assembly however inappropriate CM comments are: Supreme Court; Punjab Budget Session to be held on March 3.Governor Banwarilal Purohit had earlier, in a letter dated February 23, intimated that he would not be summoning the Budget session until he obtained legal advice on "derogatory" and "patently unconstitutional" remarks made by Chief Minister Bhagwant Mann in a February 14 letter. Chief Minister Mann, meanwhile, had questioned the basis on which the Governor had held his post in his February 14 letter. Prior to this, the Chief Minister had tweeted that he was only accountable to 3 crore Punjabis who elected him and not the Governor. The tweet was triggered after the Governor questioned the Chief Minister on several decisions taken by the AAP government in Punjab. As per reports, discontentment between the two functionaries has been brewing over such issues for months. Criticising both of them for their conduct, the Supreme Court remarked,"There was no occasion [for the Governor] to seek legal advise on whether to convene the Budget Session as he was bound by the aid and advice of Council of Ministers. The Governor has the right to seek information from the Chief Minister on the decisions taken and once such information is sought, the Chief Minister is duty-bound to furnish it. The tone and tenor of the letter by the Chief Minister and the tweet by the Chief Minister leaves much to be desired.".The Court reiterated that the Governor has been entrusted to guide and counsel the government. Further, the Court observed that there is no scope for discretion when it comes to the Governor's function to act on the aid and advice of the Council of Ministers. “The Governor appointed by the President is entrusted to guide and counsel. In terms of Constitutional jurisprudence, the decision of a 7-judge constitution Bench in Shamsher Singh v. State of Punjab has clearly laid down that the Governor is the Constitutional head of State and acts on aid and advice of Council of Ministers. In view of clear Constitutional position ... the authority entrusted to the Governor is to be exercised in aid and advise of the council of ministers. This is not an area where the Governor exercises his Constitutional discretion,” the Court made it clear..The matter was heard this evening after it was urgently mentioned earlier in the day by Senior Advocate AM Singhvi. The matter was disposed of after the Court was informed by Solicitor General Tushar Mehta that Governor Banwarilal Purohit has now summoned the Budget Session of the State Legislative Assembly for March 3 at 10 AM..[Read judgment]