State of Punjab vs Principal Secretary to the Governor of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1247

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
State of Punjab – Appellant
Versus
Principal Secretary to the Governor of Punjab – Respondent

Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Gurminder Singh, AG, Sr. Adv. Mr. Shadan Farasat, AAG Ms. Nupur Kumar, AOR Mr. Amit Bhandari, Adv. Ms. Natasha Maheshwari, Adv. Ms. Muskan Nagpal, Adv.
For the Respondent(s): Mr. Tushar Mehta, SG Mr. Satya Pal Jain, Sr. Adv. Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv.

JUDGMENT :

(Dhananjaya Y. Chandrachud, CJI.)

Table of Contents

I. Factual background

II. Submissions

III. Analysis

A. The Governor is a symbolic head and cannot withhold action on Bills passed by the State Legislature

B. Reconvening a sitting of the Vidhan Sabha which has not been prorogued is permissible in law and is within the exclusive domain of the Speaker

1. Distinction between adjournment and prorogation

2. Exclusive domain of the Speaker to regulate the procedure of the House

IV. Conclusion

1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked by the State of Punjab. The Government of Punjab is aggrieved on the ground that the Governor did not (i) assent to four Bills which were passed by the Vidhan Sabha nor have they been returned; and (ii) furnish a recommendation for the introduction of certain Money Bills in the Vidhan Sabha.

I. Factual background

2. On 22 February 2023, the Council of Ministers of the Government of Punjab forwarded a recommendation to the Governor of Punjab seeking th

Click Here to Read the rest of this document

2023 Supreme(SC) 1247

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRAState of Punjab – AppellantVersusPrincipal Secretary to the Governor of Punjab – Respondent

Cases Referred (5)

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
State of Punjab – Appellant
Versus
Principal Secretary to the Governor of Punjab – Respondent