Supreme Court in the case of Govt of Punjab v Governor- Dinamani
The Supreme Court opined that the Governor is bound to accept the recommendation of the State Cabinet.
The Supreme Court told both parties in the case filed by the state government against Governor Banwarilal Purohit for refusing to call a session of the Punjab Assembly.
Further, ‘it is the duty of the State Government to provide the details requested by the Governor; At the same time, the governor is bound to accept the recommendation of the state cabinet’, the court said.
The case was closed after the governor informed the Supreme Court on Tuesday that he had called the assembly meeting on March 3 on the recommendation of the state government.
In Punjab, where the Aam Aadmi Party is ruling under the leadership of Chief Minister Bhagwant Mann, there is a conflict between the state government and Governor Banwarilal Purohit on various issues.
Meanwhile, the Governor had instructed the Chief Minister to explain the process by which the principals of 36 government schools in Punjab were invited to participate in the recent seminar held in Singapore. The Chief Minister wrote in reply, ‘I have to answer to the 3 crore people of Punjab; Not for the governor appointed by the central government’, he said.
In this case, the state cabinet decided to hold the budget session of the legislative assembly from March 3 and sent a recommendation to the governor. However, the governor said that he will take a decision on calling the budget session only after taking legal advice on the Chief Minister’s previous letter.
Petition to the Supreme Court:
Subsequently, a petition was filed on behalf of the Punjab government in the Supreme Court on Tuesday. A bench consisting of Chief Justice DY Chandrachud and Justice PS Narasimha accepted the request made by the Punjab Public Prosecutor AM Singhvi to hear the petition immediately.
It was argued by the state government that the governor, who is in constitutional office, was acting in disregard of the Act. The governor did not refuse to convene the assembly; Solicitor General Dushar Mehta, who appeared on his behalf, argued that he had sought legal advice.
Duties of State Government-Governor:
Later, the judges said, ‘This court is fully aware of the right of speech and opinion. At the same time, constitutional discussions should be conducted with mature governance and dignity.
Political differences are acceptable in a democratic system. But one has to act with moderation. If this principle is not borne in mind, the effective implementation of constitutional principles is jeopardized.
It is the duty of the State Government to provide the particulars requested by the Governor in convening the Assembly; At the same time, the Governor is also bound to accept the recommendation of the State Cabinet. Therefore, there is no reason for the Governor of Punjab to seek legal advice to convene the assembly,” he said.
Subsequently, following Tushar Mehta’s statement that the governor had called for the assembly on March 3, the judges said that they would close the case.