New Delhi
The Supreme Court on Friday asked Governor Banwarilal Purohit to take decisions on the four Bills—passed during the extended Budget Session—that have remained pending with him.
“There is no valid constitutional basis to cast doubt on the session of the Vidhan Sabha and any attempt to cast doubt on the session of the legislature would be fraught with grave perils for democracy. The Speaker who has been recognised to be the guardian of the privileges of the House and the constitutionally recognised figure to adjourn the House sine die and was within the ambit of rule 16 of Rules of Procedure of business of the Punjab Vidhan Sabha,” a three-judge Bench led by CJI DY Chandrachud said.
“Casting doubt on the validity of the session of the House is not a constitutional option available to the Governor. During the session of the House, the Speaker is the one who governs adjournment and prorogation. We, therefore, hold that the Punjab Governor now must proceed to take decisions on the Bills passed during the June 19, 2023, session which was constitutionally valid,” said the Bench which also included Justice JB Pardiwala and Justice Manoj Misra.
The Bench, however, made it clear that the Governor was free to proceed as per law and grant his assent or withhold his assent or refer the four Bills to the President as it refrained from expressing any opinion on his constitutional authority or the manner in which he shall exercise his powers.