In a decisive judgment, the Supreme Court of India, led by Chief Justice DY Chandrachud, has clarified the boundaries of gubernatorial authority, emphasizing that governors cannot undermine the validity of legislative sessions. This ruling emerged amid a contentious standoff between Punjab Governor Banwarilal Purohit and the Aam Aadmi Party (AAP) government regarding the delay in assenting to bills passed by the Punjab Assembly.
The Court, including Justices JB Pardiwala and Manoj Misra, affirmed the validity of the Punjab Assembly’s June Session. The bench stated,
“Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy.”
It was noted that the Speaker, as the guardian of the house’s privileges, was within his rights in adjourning the house sine die.
“Casting doubt on the validity of the session of the house is not a constitutional option open to the governor,”
the Court further held.
The Punjab government’s plea to the Supreme Court sought to validate the legislative assembly sessions held in June and October, asserting the legality of the business conducted therein. The Court directed Governor Purohit to decide on the four bills pending assent, recognizing the June 19-20, 2023 session as constitutionally valid.
Chief Justice Chandrachud expressed strong disapproval of the governor’s hesitation, stating,
“You’re playing with fire. How can the governor say this? We are not happy with what is happening in Punjab. Will we continue to be a parliamentary democracy?”
He further questioned the implications of such gubernatorial power, asking,
“if we give such power to the Governor, will we continue to be a parliamentary democracy?”
The Court also criticized the Punjab government’s extension of the Budget Session, labeling it a “subterfuge” and detrimental to democracy. CJI Chandrachud advised Senior Advocate Abhishek Manu Singhvi to counsel the government against actions that defeat the Constitution.
“How can sessions be adjourned sine die like this? Ultimately, if democracy has to work, it has to work in the hands of Chief ministers and Governors… You cannot defeat the rules of the Legislative Assembly merely by saying that we are not proroguing the house,”
he remarked.
This judgment delineates the limits of gubernatorial powers and underscores the supremacy of elected legislative bodies in India’s parliamentary democracy, setting a significant precedent in the balance of power between state governments and governors.
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