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Punjab Govt vs Governor case: Vidhan Sabha session was constitutionally valid, says SC
Published : Nov 10, 2023, 4:31 pm IST
Updated : Nov 10, 2023, 4:31 pm IST
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Supreme Court on Punjab Govt vs Governor case
Supreme Court on Punjab Govt vs Governor case

Supreme Court stated that it was not open for the Governor to doubt the validity of the legislative session in which the bills were passed.

Punjab Govt vs Governor case: The Supreme Court on Friday, while hearing the matter Punjab Governor withholding assent to bills passed by legislatures, stated that he (the Punjab Governor) must decide on the bills submitted for his assent. It further stated that it was not open for the Governor to doubt the validity of the legislative session in which the bills were passed. 

The Chief Justice of India stated "We're of the view that there is no valid constitutional basis to cast doubt on the validity of session of Vidhan sabha which was held on 19 and 20 June 2023."

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It further added that "Any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy. The speaker who has been recognised to be the guardian of the privileges of the house was acting in his jurisdiction in adjourning the house sina die." 

The apex court added that "Casting doubt on the validity of the session of the house is not a constitutional option open to the governor. The legislative assembly comprises duly elected members of the legislature."

The court also stated "We are of the view that the governor of Punjab must now proceed to take a decision on bills submitted for assent on the basis that the sitting of the house conducted on 19-20 June 2023 was constitutionally valid." 

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Earlier, the CJI had stated that "They were within the rights in adjourning it sina die and calling it because the budget session hadn't ended. How can you (Guv) say that a bill that has been passed cannot be assented to because the session is invalid? You realize the gravity of what you're doing?"

Furthermore, the court also said, to the Governor, "You're playing with fire. How can the governor say this...these are bills passed by elected members...Will we continue to be a parliamentary democracy? This is a very serious matter."

It added, "Please don't deflect the course of bills passed by a duly elected assembly. It's a matter of very serious concern."

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It also asked, "In exercise of which power are you saying that the session called by the speaker is being called invalidly? The speaker calls the session. Tell us the power of the governor to say this. The speaker has no power to say adjourn sine die." 

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ROZANA SPOKESMAN

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