The stalemate between the Aam Aadmi Party (AAP) led Punjab Government and Governor Banwarilal Purohit come to an end on Sunday with the latter finally giving his approval to summon the Vidhan Sabha’s ‘regular’ session on September 27 (Tuesday). The Governor’s approval came a day after the State Government provided the detailed list of legislative business during the proposed session as asked by Purohit.
The summoning of the session came after an extended face-off between the Governor and the AAP Government after the former had initially withdrawn his consent to summon the “special one-day session” on September 22 to move the “confidence motion” citing “legal” reasons. Chief Minister Bhagwant Mann had announced that he would seek the “trust vote” in the special session amidst the allegations against the BJP of making attempts to topple his Government under ‘Operation Lotus’.
AAP leaders, including the Chief Minister and the Cabinet Ministers, repeatedly accused Purohit of acting at the behest of the Bharatiya Janata Party (BJP), while the Governor told the Chief Minister Bhagwant Mann that he was not being guided properly by his advisers. The Government, however, softened its stand on Saturday evening and informed the Governor about the agenda for the session, paving way for ending the deadlock.
“In exercise of the powers conferred upon me by virtue of Clause (1) of Article 174 of the Constitution of India, I, Banwarilal Purohit, Governor of Punjab, hereby summon the Sixteenth Vidhan Sabha of the State of Punjab to meet for its Third Session at 11 am on Tuesday, the 27th September, 2022, in the Punjab Vidhan Sabha Hall, Vidhan Bhawan, Chandigarh,” read the orders issued by the Governor.
As per the letter sent by the Department of Parliamentary Affairs to the Vidhan Sabha secretary, the ruling party has planned to take up the legislative or government business, which among other things includes pressing issues like GST, stubble burning, power scenario, etc for consideration by the state legislative. However, there was no mention of the ‘confidence motion’ move of the State Government in the letter.
“In addition, business on different issues per notices received from the members may also be taken up during the session as per the relevant provisions and rules of procedure and conduct of business in the Punjab Vidhan Sabha,” the letter stated.
After the Governor withdrew his assent for September 22’s “special” sitting to seek a trust vote, the AAP Government went into offensive and the State Cabinet on Thursday decided to convene a “regular” assembly session on September 27. A day later, the Governor’s Office, in a letter to the Vidhan Sabha secretary, sought details of the legislative business to be taken in the assembly session called by the State Government on September 27 — leading to a strong reaction by the Chief Minister.
In the latest letter, the AAP Government had again criticized the Governor’s move of asking for the session’s agenda. “The demand for agenda and details while it is being met herein without prejudice cannot be a condition precedent for calling or convening of a session nor delay in the convening of a session, once decided by the council of ministers, the decision of the latter being binding on the honorable governor,” read the letter.
As per the constitutional provisions, the President and the Governor have to act on the advice of the Council of Ministers. The only exception in the Governor’s case is that of “no confidence motion”. The Punjab Governor’s decision to withdraw his earlier order summoning the House has generated a legal debate whether he can act independently while ignoring the advice of the Council of Ministers. The latest communication has again given rise to a debate regarding the finality of advice by the Council for Ministers.