Day before assembly session, Punjab governor withholds approval for three Bills

Strap:

In a fresh tussle between the Raj Bhawan and the Bhagwant Mann-led Aam Aadmi Party (AAP) government, Punjab governor Banwarilal Purohit on Thursday wrote to the chief minister withholding his approval for the three Bills, to be tabled in the two-day assembly session beginning Friday.

The governor also said if the government continues with the patently ‘illegal’ session, he will report the matter to the President of India.

The Mann government is going ahead with the session despite the governor’s secretariat having said that the October 20-21 session, which is being projected as an extension of the budget session, illegal.

In a letter to the secretary, Punjab Vidhan Sabha, on October 12, the governor’s office wrote that any such extended session is bound to be “illegal”, and any business conducted during such sessions is “unlawful, and ab initio void”.

In the latest letter to the CM, Purohit said he received three money bills --- the Punjab Fiscal Responsibility and Budget Management (Amendment) Bill, 2023, the Punjab Goods and Services Tax (Amendment) Bill, 2023 and the Indian Stamp (Punjab Amendment) Bill, 2023 -- for his approval for presentation in the ‘special session of the fourth budget session of the Vidhan Sabha.

The governor wrote that he had already indicated in his July 24 letter and October 12 letters that the calling of such a session was “patently illegal, against the accepted procedures and practice of the legislature, and against the provisions of the Constitution.”

“As the budget session stood concluded, any such extended session is bound to be illegal, and any business conducted during such sessions is likely to be unlawful, and ab initio void,” he wrote.

“In spite of these communications, disregarding the possibility of taking an unconstitutional step, it appears that a decision has been taken to call the session. For these reasons, I withhold my approval to the above-mentioned Bills,” he wrote.

“I have to point out that instead of continuing on this precarious course you may avail of a legally correct alternative of calling a fresh monsoon/winter session. I strongly suggest you take recourse to this,” Purohit wrote.

The governor said if it is the desire of the government to hold an assembly session, it would be proper and fitting to draw up and forward an agenda or programme setting out the specific business to be conducted, including the bills to be passed, with a request that a monsoon or winter session be summoned to transact the said business. “Once this is done, permission would be granted for the same,” he added.

“In the event of the persistence of the government to continue with the patently illegal session, I would be compelled to consider an appropriate course of action including to report the matter to the President of India,” wrote Purohit.

On October 17, the CM said the upcoming session was “fully valid” and “legal”, adding that many “pro-people” bills will be tabled during the two-day session.

The session has been called by the AAP government amid a political row over the Sutlej Yamuna Link (SYL) canal following the October 4 Supreme Court order asking the Centre to survey the portion of land in Punjab which was allocated for the construction of a part of the SYL canal in the state and make an estimate of the extent of construction carried out there.

This is the second time this year that a row between the AAP government and the Raj Bhawan has erupted over the summoning of an Assembly sitting. The Raj Bhawan had earlier called the June 19-20 special sitting as “patently illegal”.

For last one year, the AAP government and Purohit have been at the loggerheads over a number of contentious issues, including the steps taken concerning the drug problem, appointment of vice-chancellors and the convening of special assembly sessions.

Likely to be a stormy affair

The two-day session is likely to be a stormy affair with the Opposition expected to corner the AAP government over a host of issues, including the SYL canal, state debt and law and order.

According to the Vidhan Sabha secretariat, the session will commence with obituary references on October 20 to be followed by legislative business. “Revised programme, if any, will follow,” it said.

A Congress legislature party meeting held under chairmanship of Leader of Opposition Partap Singh Bajwa has resolved to take on the government over unemployment, law and order, paddy procurement. On the SYL issue, the Congress has decided to target the AAP for weakening the case in the Supreme Court.

The Shiromani Akali Dal (SAD) has also decided to corner the government over the SYL, drug addiction, law and order and rising debt. The SAD-BSP combine will submit a censure notice against the ruling party MP Sandeep Pathak for his remarks on the SYL, in the assembly on Friday.