The Governor is not empowered to withhold action on the Bills passed by the State Legislature and must act 'as soon as possible'. The Speaker is legally permissible to reconvene the sitting of the Vidhan Sabha after it was adjourned sine die without prorogation.

JUDGMENT :

(Dhananjaya Y. Chandrachud, CJI.)

Table of Contents

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 the summoning of the Punjab Vidhan Sabha for its Budget Session commencing on 3 March 2023. The Governor’s refusal to do so, on the ground that he was seeking legal advice, led to the institution of a petition before this Court on 25 February 2023. On 28 February 2023, this Court delivered its judgment in the State of Punjab v. Principal Secretary to the Governor of Punjab, Writ Petition (Civil) No 302 of 2023. This Court observed that:

“There was no occasion to seek legal advice on whether or not the Budget Session of the Legislative Assembly should be convened. The Governor was plainly bound by the advice tendered to him by the Council of Ministers.”

3. While concluding its judgment, this Court had the following observations on the broader aspects of mature political governance in a democracy:

“Political differences in a democratic polity have to be worked upon and sorted out with a sense of sobriety and maturity. The dialogue between constitutional functionaries cannot degenerate into a race to the bottom. Unless these principles were to be borne in mind, the realization of constitutional values may be placed in jeopardy. Such a situation emerged before this Court, leading to the institution of a petition under Article 32 of the Constitution for a direction to the Governor to summon the Legislative Assembly. It is inconceivable that the Budget Session of the Legislative Assembly would not be convened. We can only hope that mature constitutional statesmanship will ensure that such instances do not occur in the future as much as we reiterate our expectation that constitutional functionaries must be cognizant of the public trust in the offices which they occupy. The public trust which is entrusted to them is intended to sub-serve the cause of our citizens and to ensure that the affairs of the nation are conducted with a sense of equanimity so as to accomplish the objects of the Preamble to the Constitution.”

4. Following the decision of this Court, the Sixteenth Punjab Vidhan Sabha was summoned on 3 March 2023. The Speaker adjourned the session sine die on 22 March 2023. On 12 June 2023, acting in pursuance of the powers conferred by the second proviso to Rule 16 of the Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha (Punjab Legislative Assembly)²[“Rules of Procedure”], the Speaker reconvened the sitting of the session of the Vidhan Sabha on 19 and 20 June 2023. During the course of the session, the Vidhan Sabha passed four Bills, namely:

(i) The Sikh Gurdwaras (Amendment) Bill 2023;

(ii) Punjab Affiliated Colleges (Security of Service) (Amendment) Bill 2023;

(iii) Punjab Universities Law (Amendment) Bill 2023; and

(iv) Punjab Police (Amendment) Bill 2023

No action was taken by the Governor on these Bills.

5. Thereafter, the session of the