Punjab Governor reminds CM of dereliction of Constitutional duty

| | Chandigarh
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Punjab Governor reminds CM of dereliction of Constitutional duty

Wednesday, 14 June 2023 | PNS | Chandigarh

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A day after Punjab Chief Minister Bhagwant Mann had apprised Governor Banwarilal Purohit “how he had failed in his constitutional duty until he was reminded about it by citing a judgment of Apex Court”, the state’s Constitutional Head on Tuesday reminded the latter of the “dereliction of constitutional duty” while citing the same judgment by the Supreme Court.
 
Purohit, in a letter to Mann, accused the Aam Aadmi Party-led State Government of “indifference” in furnishing the information sought by him through his “various letters”.
 
Quoting the relevant portion of the Supreme Court’s orders, dated February 28, 2023, passed on the State Government’s plea, the Governor reminded the Chief Minister that the information sought by him through his various letters is “yet to be furnished”. “This is a dereliction of Constitutional duty as observed by the Hon’ble Supreme Court of India,” he added.
 
The Governor has quoted the Supreme Court’s observation in his letter, which read, “It would be necessary to underscore that both the Chief Minister and the Governor are constitutional functionaries who have specified roles and obligations earmarked by the Constitution. The Governor has a right to seek information from the Chief Minister in terms of Article 167 (b) on matters relating to the administration of the affairs of the State and proposals for legislation. Once such information is sought, the Chief Minister is duty-bound to furnish it. The tones and tenor of the tweet and the letter by the Chief Minister leave much to be desired. Not furnishing the information which was sought by the Governor would be plainly in dereliction of the Constitutional duty which is imposed on the Chief Minister in terms of Article 167 (b).”
 
The Supreme Court order had made it clear that the Governor and the State Government have to listen to each other in the matters of convening sessions and providing information.
 
The judgment by the Bench, headed by the Chief Justice of India DY Chandrachud, had also sent out a strong message to both Governor Purohit and Chief Minister Mann, who were at loggerheads with one another for months over a slew of issues — making it clear that the Governor was duty-bound to summon the assembly session once the State Cabinet recommends it, and so is the Chief Minister to furnish the information sought by the Governor.
 
With the Apex Court’s order, it was expected that the tug of war — that has been going on between the two, having larger political ramifications — would come to an end, leading to smooth functioning in the state. However, the situation remained unchanged.
 
The two continue to be at loggerheads over one issue after another. To date, the State Government has not replied to the issues and queries raised by the Governor despite the Supreme Court orders.
 
The Governor, in the past, had sought clarification on the State Government’s several decisions, including principals’ training in Singapore, SC scholarship, the appointment of IPS Kuldeep Singh Chahal, Punjab Infotech chairman, and Punjab Agriculture University Vice-Chancellor, among others. Only recently, the Governor had written to the Chief Minister, for the third time, asking what action has been initiated against the Cabinet Minister Lal Chand Kataruchak, facing allegations of “sexual misconduct” — but there was no response by the Government.
 
Also responding to the Chief Minister’s allegations regarding the Governor’s refusal to refer to AAP-led Punjab Government as “My Government” in his address to the assembly, Purohit said that he “instantly accepted the suggestion, while delivering the speech itself”, whereas the Chief Minister has been indifferent to the orders of the Supreme Court of India which were passed about four months ago.
 
Notably, the two leaders engaged in a war of words on Monday following Chief Minister Mann’s allegations against the Governor claiming that Purohit refused to refer to AAP Government as “My Government” during his address to the Punjab Assembly on the first day of the budget session in June last — an accusation outrightly rejected by the Governor while asking Mann to “furnish the proof”. Within hours, Mann released a video clip as a “proof”.
 
Responding to the media queries regarding the same on Monday, Purohit had reminded Mann of the disregard he has been doing to the Governor’s position by not responding to his “letters” despite the Supreme Court’s directions. At the same time, Purohit had claimed that he had never asked to remove the “my government” words from the Governor’s Address.
 
 “Why would I say this when it is my government! When all the orders are issued under my signature, why would I say this,” he had said, a day before.
 
To substantiate his claims, Chief Minister had shared a video of the Vidhan Sabha proceedings on his Twitter handle, in which Governor was seen referring to AAP government as “government” instead of the written “My Government” after the Leader of Opposition Pratap Singh Bajwa objected to it.
 
“Honorable Governor Sir take video evidence as per your demand…First you said ‘My Government’, then on opposition's request you started saying only Government…When I told you about Supreme Court's order that you will have to speak what is written. While justifying, they started saying ‘MY Government’..Rajpal sir, I do not speak without facts...,” Mann had tweeted alowng with the video.
 
Mann, in an official statement released later on Monday evening, had apprised the Governor “how he had failed in his constitutional duty until he was reminded about it by citing a judgment of Apex Court”.
 
 

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