New Delhi, Feb 28.
The Supreme Court on Tuesday rapped both the Punjab Governor and state Chief Minister over the latest impasse over the convening of the budget session of the state Assembly.
The state Governor issued an order earlier today convening the budget session for March 3, 2023, after the AAP government moved the top court. This made the petition virtually infructuous.
However, a bench led by Chief Justice of India D.Y. Chandrachud lamented the language used by CM Bhagwant Singh Mann to respond to a letter from the Governor seeking information on recruitment of principals and subsequent training in Singapore.
The CJI insisted that the CM was duty-bound to furnish any information that the Governor sought for just as the latter was equally bound by the advice of the Council of Ministers to summon the House.
The Governor cannot exercise his discretion as he is bound by the aid and advice of the Council of Ministers on this, the CJI said.
Unparliamentary language and failure to provide information by one constitutional functionary doesn’t justify failure by another to carry out his constitutional duties, the CJI said.
He was sitting alongside Justice P.S. Narasimha. We are cognisant of the free speech of the constitutional functionaries, the CJI said.
But constitutional discourse must be conducted with a sense of decorum and mature statesmanship. Constitutional dialogue between constitutional functionaries must be conducted with maturity and statesmanship, the CJI said.
Such instances must not happen, the CJI said, as these functionaries hold such offices in public trust and must always take decisions in the interest of citizens.
Narasimha also said that however, lacking in etiquette, the Governor cannot such letters personally and refuse to convene the House.
At the outset, Singhvi argued that the Governor had failed in carrying out his constitutional duties i.e. to convene the session when called upon to do so by the Council of Ministers. He is bound by the advice, he said.
“Is this not harassment? Can you say because I had a fight at a tea party, I will not convene the house? He has hijacked the Constitution.” How can any money be spent without a budget session, he sought to know.
“This is constitutional blackmail. It won’t work.”
Solicitor General Tushar Mehta, who appeared for the Governor, lamented the use of street language in official communication between constitutional functionaries.
“Look at the level of discourse,” he said. “He, says: he is not answerable to a constitutional functionary.”
“My letters are not unparliamentary.” Mehta blamed the tone and tenor of Mann’s tweet and letter to “political immaturity”.
