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Punjab Governor threatens President's Rule in letter to CM Mann
The governor's actions have been criticized by the Aam Aadmi Party, which accused him of working like the BJP's spokesperson.
It is unprecedented for a governor to tell a chief minister to respond to his letters or face the prospect of President’s rule being imposed in the state, but that is the essence of a letter written Friday by Punjab governor Banwarilal Purohit to chief minister Bhagwant Mann.
Purohit also threatened to initiate criminal proceedings against the Aam Aadmi Party leader.
Also read: Punjab governor warns CM, asks him to reply to his letters else face the music
In his letter, Purohit said there is reason to believe that there is failure of the constitutional machinery in the state. “Before I am going to take a final decision regarding sending a report to the President of India under Article 356 [Provisions in case of failure of constitutional machinery in State] about the failure of the constitutional mechanism and decide about initiating criminal proceedings under Section 124 (assaulting governor with intent to compel or restrain the exercise of any lawful power) of the IPC, I ask you to send me the requisite information sought for under my letters referred to above, as also in the matter of the steps taken by you concerning the problem of drugs in the state, failing which I would have no choice but to take action according to the law and the Constitution,” the governor wrote in his four-page missive in which he also sought a report from the state government on the action taken with regard to rampant availability and abuse of drugs in Punjab.
While there was no response from Mann on the letter, AAP’s Punjab unit chief spokesperson Malvinder Singh Kang accused Purohit of working like the “Bharatiya Janata Party’s spokesperson”.
“The governor is working like the spokesperson of BJP and taking forward its agenda of disturbing the non-BJP state government,” he said.
Mann and Purohit have been at odds over several issues for almost a year, including the appointment of vice chancellors, the convening of special assembly sessions, and the CM’s absence from official functions. The governor has repeatedly accused Mann of not replying to his letters seeking information on administrative matters. The CM has previously referred to the missives as “love letters”.
Former Punjab and Haryana advocate general Ashok Aggarwal said the present situation was unprecedented. “Both sides should have taken recourse even to letters in a sober way. In a democracy, neither the honourable governor nor the honourable CM is expected to conduct himself in a manner that such letters should come, more so from the governor,” he said.
To be sure, Punjab isn’t the only state ruled by a party opposed to the Bharatiya Janata Party that has seen friction between the state government and the governor, appointed by the Centre. It has happened, and continues to in states such as West Bengal, Kerala, and Tamil Nadu. But in none of these states has the governor threatened to dismiss the state government and impose President’s rule.
In his letter, Purohit said it appeared as if Mann was “deliberately refusing” to give him the information sought in his previous letters dated July 21, September 24, November 23, December 12 (2022) and January 4, 2023. “I regret to note here that in spite of the clear provisions of Article 167 of the Constitution of India, which makes it mandatory for the chief minister to furnish all such information relating to the administration of affairs of the state as the governor may call for, you have failed to supply the information sought by me.”
He reminded the chief minister of the February 28 Supreme Court judgment in which it observed that both the chief minister and the governor are constitutional functionaries with specified roles and obligations earmarked by the Constitution, and that the governor has a right to seek information from the chief minister in terms of Article 167(b) on matters relating to the administration of the affairs of the state and proposals for legislation.
“Once such information is sought, the chief minister is duty bound to furnish it. Far from supplying the information sought by me, you have exhibited an absence of grace and decorum when you proceeded to make unnecessary and unwarranted observations demonstrating what may only be described as extreme animosity and personal prejudice against me personally, as also the office of the governor,” Purohit added.
Recalling the remarks made by Mann during the special session of the assembly in June, Purohit said, “Through your derogatory remarks, you have attempted to restrain me from exercising the lawful powers conferred on me under Article 167 of the Constitution. Should I choose to do so, such action may also provide grounds for action under Section 124 of the Indian Penal Code.”
He said that not furnishing the information which was sought by the governor would be plainly in dereliction of the constitutional duty which is imposed on the chief minister in terms of Article 167(b). “This behaviour shows that you have not only disobeyed the provisions of the Constitution of India, but have acted in a manner that may be described as being contemptuous of the Supreme Court by repeatedly and intentionally disobeying and disrespecting the Supreme Court’s observations,” he added.
While seeking response to issues taken up in his previous letters, the governor also said he has received reports from agencies regarding availability and abuse of drugs in the state. “It is common knowledge that they are available in chemist shops and a new trend is observed that they are being sold in government-controlled liquor vends,” he said, citing recent action by Narcotics Control Bureau (NCB) and Chandigarh Police who sealed 66 liquor vends in Ludhiana that are selling drugs.
“These facts point out to the breaking down of the law and order system in Punjab so much so that now villagers have started protesting on streets in large numbers and decided to set up their own village defence committees to protect themselves from drugs,” he wrote, seeking a report concerning the action taken by state government in the matter.
Kang said Purohit’s letter was against the democratic and constitutional principles of the country.
“Governor should maintain decorum and not issue threats of President’s rule to the democratically elected government. If they want to impose the President’s rule, they should do that in Manipur and Haryana,” he said.
