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Punjab governor- CM tussle keeps government on edge
Mann and Purohit’s relationship took a nosedive in Sept 2022 over a special session of assembly called by government for a trust vote
When the Bhagwant Mann-led Aam Aadmi Party (AAP) government decided to call a two-day special session of the Punjab assembly last month, few people had any idea about its heavy legislative agenda.
The general impression was that the state government had convened the special session to pass a resolution to condemn the BJP-led central government’s ordinance on services in Delhi. The government, however, sprung a surprise by tabling four important bills. The bills, including the Sikh Gurdwaras (Amendment) Bill, 2023, the Punjab Universities Laws (Amendment) Bill, 2023, and the Punjab Police Amendment Bill, 2022, were passed and sent to Governor Banwarilal Purohit for assent.
Conflicting stands
A month later, all four bills are still lying with the governor, who has questioned the legality of the session held on June 19 and 20. Citing legal advice, Purohit, in a letter to chief minister Bhagwant Mann on July 17, said the calling of the special session was in “breach of law and procedure,” thereby casting doubt on the “legitimacy and legality” of these bills. The ruling AAP immediately cried foul with a senior leader stating that the assembly was not prorogued after the budget session, and the speaker called the Vidhan Sabha session, adjourned sine-die on March 22, under second proviso to Rule 16 of the Rules of Procedure and Conduct of Business of the Punjab Legislature Assembly. “The speaker may, if it is represented to him by the minister that the public interest requires that the assembly should meet at any earlier time during the adjournment and if he is satisfied that the public interest does so require, call a meeting of the assembly before the day to which it has been adjourned or any time after it has been adjourned sine die,” according to the rule.
The governor, on the other hand, is relying on Article 174 of the Constitution as well as the legal advice from experts according to which, say sources, it is within the speaker’s power to adjourn the meeting of House sine-die, but once the business of the meeting is over and nothing remains to be transacted, the meeting cannot be artificially kept alive.
“Once the business of the House, as specified in the List of Business to be transacted is over, the business of the meeting itself has come to an end. Unless it is evident that some aspect of business specified on the List of Business remained incomplete, there would be no cause to permit the Speaker to adjourn the meeting, much less adjourn it sine die,” said sources, quoting the legal advice. They further said the business of the adjourned meeting summoned was not only not connected with the budget but there existed no unfinished agenda which required the meeting.
The governor also wrote to the CM that he is exploring options whether to obtain the legal opinion from the Attorney General of India or reserve these bills for the consideration and consent of the President. Mann, who had on July 15 urged Purohit to sign the Sikh Gurdwaras (Amendment) Bill, 2023, on Saturday said it is “very unfortunate” that the governor does not know whether the June 19-20 session was legal or illegal. “During the previous Amarinder Singh government, the House was summoned twice without the permission of the governor as the session was not prorogued. We called the special session after consulting constitutional experts,” the CM said in his first comments on the governor’s letter. The standoff is the latest flashpoint in the tussle between the chief minister and the governor that has been going on for almost one year.
The genesis of rift
Mann and Purohit’s relationship took a nosedive in September 2022 - barely six months after the AAP came to power with a stunning 92 of the 117 seats in Punjab, over a special session of the state assembly called by the state government for a trust vote. The Mann government had decided to convene the special session on September 22 after the AAP made an allegation that the BJP tried to poach at least 10 party MLAs. The governor first gave the consent but then withdrew the order regarding summoning the special session, citing the absence of specific rules regarding summoning the assembly to only bring a confidence motion. The AAP decided to hold a regular session of the state assembly on September 27 even as rattled party MLAs took out a march against the governor’s decision. The governor approved the regular session but not before he and Mann took potshots at each other over the details of legislative business to be taken up in the House. Around the same time, Purohit’s two-day trip to six border districts and his remarks voicing concern over rampant illegal mining and drug menace, which provided ammunition to the opposition parties, also riled the ruling party.
Frequent run-ins
The two top constitutional functionaries have not been on the best of terms since, shooting off letters and sniping at each other over issues such as appointments to various institutions, adherence to legal procedures, action against a minister, and constitutional propriety. In October last year, when Mann skipped a civic reception held in honour of President Droupadi Murmu at Punjab Raj Bhavan, the governor took a dig at him, saying that constitutional obligations have to be met. Purohit and Mann also sparred over the appointment of vice-chancellors of Baba Farid University of Health Sciences (BFUHS) and Punjab Agricultural University (PAU). After the governor refused to clear the state government’s choice for the post of VC of BFUHS and sought removal of the PAU VC due to its “failure to follow” the laid down procedures, Mann accused Purohit of interfering in the functioning of his government. Things got rockier in February 2023 when the AAP government decided to call the budget session from March 3, and the governor said that he would take a call on summoning the House after getting legal advice on the “derogatory and unconstitutional” letter sent by the CM. Purohit had, in a letter, asked Mann to explain the selection process of 36 school principals sent abroad for training, besides raising some other issues, to which the CM replied that he was only answerable to three crore Punjabis, not to a Centre-appointed governor and also questioned the criteria for appointing governors. The state government filed a petition in the Supreme Court. While disposing of the plea on February 28 as the governor had already issued a letter summoning the session, the apex court criticized both Mann and Purohit for being “derelict” in discharging their duties under the Constitution in this matter and counselled them to uphold the constitutional protocols.
Blame game, name-calling
Both sides have been blaming each other for the rift. The AAP, including the CM, cabinet ministers, and official spokespersons, have reacted sharply each time the governor has raised any issue or sought answers from the government. They have repeatedly accused Purohit of acting at the behest of the BJP and conspiring against their government. Mann, in his speech in the state assembly on June 20, said the central government has kept a governor in every non-BJP-ruled state to trouble the CM, dubbing Raj Bhavan as the “head office of the BJP” in states. Before his current appointment in September 2021, Purohit was Tamil Nadu governor for four years, where also he was known for proactively touring the districts and meeting officials. Raj Bhavan insiders say the governor is a stickler for rules, and is only trying to ensure adherence to the due procedure of law. “Wherever the government has followed the procedures, approvals have been granted promptly,” they say, adding that nothing except a few bills is pending with the governor. Purohit has been cut up with the “derogatory language” used by Mann and his ministers against him, stating that he cannot match their level. “I have to maintain the dignity of Raj Bhavan,” he told the media last month. The governor also announced never to use the state helicopter after the CM took swipes at him in this regard. With neither side showing any sign of backing away, how long the tussle carries on is anyone’s guess.
