Summary
After the Punjab Council of Ministers advised summoning the Budget Session of the Vidhan Sabha for 3 March 2023, the Governor replied that he would decide only after taking legal advice, citing the Chief Minister's 'derogatory' tweet and letter refusing information the Governor had sought; the State moved the Supreme Court under Article 32. The Governor summoned the House before the hearing, substantially satisfying the petition, but the Court recorded that under Article 174, following Shamsher Singh and Nabam Rebia, the Governor is bound by the aid and advice of the Council of Ministers and had no occasion to seek legal advice, while the Chief Minister is equally bound under Article 167 to furnish information the Governor requires. Constitutional discourse must be conducted with decorum and mature statesmanship.
Issues
- Whether the Governor may withhold or delay a decision on the Council of Ministers' advice to summon the Legislative Assembly for its Budget Session under Article 174(1), and whether the Chief Minister's duty under Article 167 to furnish information bears on that obligation.
Provisions considered
- Article 174(1), Constitution of IndiaThe power to summon the House is exercised on the aid and advice of the Council of Ministers and is not an arena of gubernatorial discretion; where a duly elected government advises convening the Budget Session, the Governor is plainly bound to do so. (¶¶ 20, 21, 22, 23)
- Article 167, Constitution of IndiaThe Chief Minister must communicate Cabinet decisions and furnish such information on administration and legislative proposals as the Governor calls for, enabling the Governor to discharge constitutional duties such as reconsideration of bills; not furnishing sought information is a dereliction of duty, but does not justify the Governor's refusal to summon the House. (¶¶ 17, 18, 19, 24, 25)
Held
- Shamsher Singh established that the Governor is the constitutional head who exercises powers, including summoning and proroguing the House, on ministerial advice, a position reiterated in Nabam Rebia; the Governor's communication of 23 February 2023 referred to the Cabinet decision but deferred it on account of the Chief Minister's tweet and letter, for which there was no occasion to seek legal advice. The Assembly was summoned only after the petition was filed. (¶¶ 9, 21, 22, 23, 24)
- The tone and tenor of the Chief Minister's tweet and letter left much to be desired; political differences must be worked out with sobriety and dialogue between constitutional functionaries cannot degenerate into a race to the bottom. Both the Governor's duty to act on advice and the Chief Minister's duty to furnish information are equally important to parliamentary democracy. (¶¶ 24, 25, 26)
Result
Writ petition disposed of, the Governor having by order dated 28.02.2023 summoned the Sixteenth Punjab Vidhan Sabha for its Budget Session at 10 am on 03.03.2023 and the reliefs sought being thereby substantially fulfilled; observations recorded on the constitutional duties of the Governor and the Chief Minister.