Punjab Assembly Session convened on 19 & 20 June 2023 not in breach of law & procedure — HC Advocate
It was actually continuation of Budget Session as summoned w.e.f. 3 March 2023 & which is yet to be Prorogued by the Governor – Hemant Kumar
CHANDIGARH (Sursaanjh.com Bureau), 18 July:
Amidst Punjab Governor Banwarilal Purohit questioning the Punjab Assembly Session convened by Bhagwant Mann led AAP Government on 19 & 20 June 2023 & which the former has mentioned in a letter communication addressed to CM Mann dated 17 July 2023 & owing to which the Governor has also questioned the legitimacy & legality of four number of Bills passed during such two days session (which are yet to receive his assent) over which he has now decided to seek opinion of the Attorney General for India, Hemant Kumar, an Advocate at Punjab & Haryana High Court categorically asserts that the aforementioned two days session of Punjab Assembly was very much legal ( read Constitutional) & as such there was no breach of law & procedure.
Hemant explained that of course before convening of the aforementioned two days Assembly Session on 19 & 20 June 2023, there was no summoning Order issued under the signature & seal of Punjab Governor as required under Article 174(1) of Constitution of India but the fact is that the same was rather not required since that two days Session was not a fresh one but actually a continuation of Budget Session of State Assembly which was nevertheless duly summoned by the Governor with effect from 3 March 2023 under aforementioned Article 174(1) of Indian Constitution & also this very Budget Session is yet to be Prorogued by the Governor till today under Article 174 (2) (a) of Constitution of India of course, on the recommendation of the State Executive/ Government. In such a situation, the Presiding Officer ( Speaker) of the House Kultar Singh Sandhwan, who has adjourned the House sine die twice during this Budget Session, firstly on 22 March 2023 & then on 20 June 2023, is very much competent to call/ convene the House/ Session without the need of approval from the Governor.
The Advocate recalled that in March-April, 2022 too this was done when Punjab Assembly Speaker called House to meet on 1 April 2022 after the House was adjourned sine die by the Speaker on 22 March 2022.
Hemant also told that Prorogation means formal discontinuance of sittings of the House by the State Governor by issuing an Order under Article 174 (2)(a) of Constitution of India that is different from adjourning the House sine-dine, which however is ordered by the Speaker at the conclusion of all the Sittings of the House.
Although the House is summoned and prorogued by the Governor under Article 174(1) and Article 174(2)(a) of Constitution of India respectively, in reality such summoning and prorogation is actually decided by the ruling executive ( read the leader of the House i.e. the Chief Minister post approval by Cabinet/Council of Ministers) and thereafter a recommendation is made to the State Governor for issuing the formal Order, quips Hemant.
On 22 March 2023 itself, a letter communication was sent by the Punjab Vidhan Sabha Secretariat to Principal Secretary to Governor of Punjab, State Chief Secretary and all Administrative Secretaries of State Government, Secretary, Election Commission of India, Union Ministry of Parliamentary Affairs etc. informing them of Punjab Vidhan Sabha being adjourned sine die on 22 March 2023.
Pertinent that in February this year when the State Government wrote to Governor for summoning the Punjab Vidhan Sabha for Budget Session, the latter instead of giving his assent under Article 174(1) of Constitution of India rather asked that the Chief Minister Bhagwant Mann should firstly respond to his letter wherein he raised queries and ought information on certain issues from the Chief Minister under Article 167 (b) of Constitution of India. The Chief Minister remained defiant and did not respond. The stand-off continued and thereafter the matter reached the Supreme Court which on 28 Feb 2023 reprimanded both the Chief Minister and the Governor for creating such an unfortunate situation. Thus with the intervention of Apex Court, the above deadlock got resolved.
