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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
State of Punjab – Appellant
Versus
Principal Secretary to the Governor of Punjab – Respondent
JUDGMENT :
(Dhananjaya Y. Chandrachud, CJI.)
Table of Contents
| 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
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 Vi....
The Governor holds discretionary power under Article 200 and is not mandated to adhere to a set timeframe for assenting bills.
The court emphasized the need for a graded approach in the suspension of members from the legislative assembly, highlighting that such action should be necessary for the orderly conduct of the House'....
(1) Suspension of BJP MLAs from Maharashtra Legislative Assembly – Suspension of a member must be preferred as a short-term or a temporary measure – Impugned resolution suffers from vice of being unc....
(1) Political imbroglio in State Legislature of Maharashtra – Supreme Court cannot ordinarily adjudicate petitions for disqualification under Tenth Schedule in first instance. There are no extraordin....
The suspension period must adhere to the graded approach outlined in Rule 277, and any suspension beyond the remainder of the session would be contrary to law.
The main legal point established in the judgment is the limited scope of judicial review in matters concerning the internal functioning of the State Legislature. The court emphasized that the High Co....
The court established that the right to participate in legislative proceedings is not a fundamental right and can be restricted in cases of valid detention, particularly when serious allegations are ....
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