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Punjab governor terms 2-day assembly session ‘illegal’
AAP says session legitimate; Vidhan Sabha secretary releases tentative date-wise programme of the business to be transacted by the House
The Raj Bhawan on Friday strongly objected to the two-day session of the Punjab Vidhan Sabha called by the Bhagwant Mann-led Aam Aadmi Party (AAP) government from October 20 as an “extension of the budget session”.
In a letter to the secretary, Punjab Vidhan Sabha, the governor’s office wrote that any such extended session is bound to be “illegal”, and any business conducted during such sessions is “unlawful, and ab-initio void”. The communication cited governor Banwarilal Purohit’s letter to chief minister Bhagwant Mann on July 24 in which he (the governor) had recorded his objection to a similar extended session, styled as “The Special Session of the 4th (Budget) Session of the 16th Punjab Vidhan Sabha”, called on June 12 for June 19 and 20.
“Based on legal advice, and for reasons stated in the said letter, the governor had pointed out that the calling of such a session was patently illegal, against the accepted procedures and practice of the legislature, and against the provisions of the Constitution,” read the letter sent by the under-secretary, Punjab Raj Bhawan, with the approval of competent authority (governor).
It said that in the present case also, the calling of ‘A Special Session of the 4th Budget Session of the 16th Punjab Vidhan Sabha’, suggesting that it is a continuance of the fourth session, which was adjourned sine-die on June 20, is nothing but an attempt to extend the budget session which was summoned by the governor for March 3, and which stood concluded on March 22, after the completion of the agenda for business of the said session. “In view of the reasons stated in the July 24 letter, any such extended letter is bound to be illegal, and any business conducted during such sessions is unlawful,” the communication said.
Stage set for fresh tussle
The Raj Bhavan’s letter has set the stage for a fresh tussle between the governor and the AAP government. AAP’s Punjab chief spokesperson Malvinder Singh Kang said the session has been called in a legitimate manner and in accordance with the rules and procedures of the Vidhan Sabha. “It is a valid session. The session will be held as scheduled,” he said. A short while later, the Vidhan Sabha secretary also released the tentative date-wise programme of the business to be transacted by the House during the sittings on October 20 and 21. As per the programme, the session will commence with obituary references on October 20 to be followed by legislative business. “Revised programme, if any, will follow,” it said. The state government also plans to bring a resolution on the Sutlej Yamuna Link (SYL) canal issue.
Govt move after political slugfest over SYL Canal
The governor’s secretariat raised objections three days after the AAP government on Tuesday announced its decision to call the two-day meeting of the Vidhan Sabha amid the ongoing political slugfest in the state over the Sutlej Yamuna Link (SYL) Canal. The Punjab Vidhan Sabha secretariat also issued on the same day a notice summoning the assembly. “Under second proviso to Rule 16 of the Rules of Procedure and Conduct of Business in the Punjab, the Speaker has been pleased to call the Punjab Vidhan Sabha, which was adjourned sine-die on June 20, 2023, to meet at 11 am on October 20,” read the notice sent to all members of the assembly. The opposition parties were also demanding a special session following the direction of the Supreme Court asking the Centre to survey the portion of land in Punjab that was allocated for constructing the SYL Canal, which has been hanging fire since 1990.
The response of Raj Bhavan to the state government’s move to convene the session without seeking its permission is on expected lines due to the governor’s objections to the June 19-20 session. Chief minister Bhagwant Mann and Purohit had sparred at that time. While Purohit had said that calling the session was a “breach of law and procedure”, Mann termed the governor’s stance as “unfortunate”. The four Bills — the Sikh Gurdwaras (Amendment) Bill, 2023, the Punjab Universities Laws (Amendment) Bill, 2023, the Punjab Police Amendment Bill, 2023, and the Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023 — passed during the special session are still pending with the governor. An AAP leader said there was nothing wrong with calling the meeting as the budget session had been adjourned sine-die, not prorogued. Purohit and Mann have had frequent run-ins over issues such as appointments to various institutions, summoning of special sessions of the state assembly, adherence to legal procedures, etc. over the past one year.
