In a political showdown that has taken a fascinating twist, Punjab Governor Banwarilal Purohit and Chief Minister Bhagwant Mann have once again found themselves locked in a contentious battle over the summoning and legality of the upcoming two-day “special session” of Punjab Vidhan Sabha, scheduled for October 20-21. The confrontation comes on the heels of a similar dispute earlier this year, marking the second time that the Governor and the Chief Minister are at loggerheads over the convening of an Assembly session.
The heart of the matter revolves around the Governor's assertion that the special session, framed as an extension of the Budget session, is unequivocally illegal. The Governor's office has conveyed its objection in writing to the Vidhan Sabha, deeming any business conducted during this session as unlawful.
Despite the Governor’s adamant stance on the session’s illegality — expressed through a letter from his office to the Vidhan Sabha secretary on Thursday, the Punjab Vidhan Sabha, a day later, released the session’s schedule, indicating a firm determination to proceed with the same. The schedule, revealed by the Vidhan Sabha, clearly outlines the session's structure, with three sittings, and the session adjourning sine die on Saturday, October 21.
This two-day session of the Punjab Vidhan Sabha, slated for October 20-21, raises critical questions about its legitimacy and the conflicting positions of the Governor and the state assembly. The released schedule demonstrates the Vidhan Sabha's resolute intent to carry out the session, even in the face of the Governor's proclamation of its illegality.
Governor's Objections
The Governor’s office has consistently upheld its position regarding the illegitimacy of the “special session”. A communication from Punjab Raj Bhavan’s Under Secretary explicitly highlighted the Governor's prior objections to a similar extended session that took place in June. During that earlier instance, the Governor unambiguously labeled the session as “patently illegal”.
This objection centers on the Governor's conviction that the “special session”, presented as an extension of the Budget session, fundamentally contravenes established legislative protocols and constitutional provisions. Notably, the Governor's office emphasized that the Budget session had officially concluded on March 22. Any attempt to prolong it under the pretext of a special session constitutes a glaring breach of constitutional norms. Consequently, any activities conducted during this extended session would be declared illegal and devoid of any legal effect.
In their letter, Punjab Raj Bhavan directed the Vidhan Sabha secretary’s attention to the Governor's earlier letter, dated July 24, 2023, which recorded Purohit’s objections to a similar extended session, which was styled as ‘The Special Session of the 4th (Budget) Session of the 16th Punjab Vidhan Sabha’, and was convened on June 12, 2023, for June 19-20.
The letter highlighted, “Based on legal advice, and for reasons stated in the said letter, the Governor had pointed out that the calling of such a session was patently illegal, against the accepted procedure and practice of the legislature, and against the provisions of the Constitution.”
“In the present case also, the calling of a ‘Special Session of the 4th Budget Session of the 16th Punjab Vidhan Sabha’, suggesting that it is a continuance of the 4th session which was adjourned sine-die on June 20, 2023 is nothing but an attempt to extend the budget session which was summoned by the Governor on March 3, 2023 and which stood concluded on March 22, 2023, after the completion of the Agenda for business of the said session,” it added.
“In view of the reasons stated in letter, dated July 24, any such extended session is bound to be illegal, and any business conducted during such sessions is unlawful, and ab-initio void,” emphasized the letter, sent along with the Governor's missive of July 24.
Govt’s Defiance
In the face of the Governor's objection, the Punjab Vidhan Sabha has chosen to assert its authority and proceed with its decision to hold a two-day special session — apparently brushing aside the Governor's declaration of illegality and choosing to follow its own interpretation of the law. The Government's position is that since the fourth session of the Punjab Vidhan Sabha has not been prorogued, there is no requirement for the Governor's approval to convene the session. Instead, the assembly Speaker retains the authority to call a meeting of the Vidhan Sabha independently.
A senior official of the Punjab Vidhan Sabha maintained that proroguing an assembly session is a formal procedure that marks the end of a particular session of a legislative body, be it a state assembly or the Parliament. “It is a formal way to close a session. Proroguing is not a permanent closure of the legislative body, but it temporarily suspends its activities; and the assembly or the Parliament will meet again at a later date to start a new session,” said the official.
Further elaborating, the official said that the decision to prorogue a legislative session is typically made by the Governor or the President, acting on the advice of the Chief Minister or the Prime Minister. Proroguing is done through a formal proclamation.
The official further clarified that while the adjournment temporarily suspends the proceedings during a session to be resumed on the same day or a later date, proroguing ends the current session. When a session is adjourned, the legislative body can resume its work without the need for a new session, added the official.
Session’s Agenda, including SYL
The upcoming special session of the Vidhan Sabha is expected to address several critical issues. Foremost among them is the recent directive from the Supreme Court regarding the construction of the Sutlej Yamuna Link (SYL) canal in Punjab. The contentious project, which Punjab has been reluctant to complete citing water scarcity, has become a focal point of political and legal debates. The Government's intent in convening the special session is also to ratify changes in the Goods and Services Tax (GST) Act, enabling the establishment of an appellate tribunal. The law, which was passed by the Parliament and sent to all states for ratification, has been a point of contention between the Punjab Government and the Governor. The government had hoped that this extension of the Budget session would provide legal validation to the session, as it intended to ratify a law passed by the Centre.
Continuous Conflict Between Raj Bhavan and Govt
The latest clash between Governor Purohit and the Chief Minister is part of a broader and ongoing conflict between the Raj Bhavan and the AAP-led Punjab Government. Earlier this year, the Governor had declared the June session as a “breach of law”, and the four crucial bills passed during that session remain pending, including the Sikh Gurdwaras Amendment Bill, 2023, the Punjab Police Amendment Bill, 2023, the Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023, and the Punjab Universities Laws (Amendment) Bill, 2023.
