The Supreme Court was told on Tuesday, 28 February, that Punjab Governor Banwarilal Purohit has summoned the Budget Session of the State Legislative Assembly on Friday 3 March.
The top court was hearing a petition filed by the Punjab government following the governor's refusal to summon the budget session, which was supposed to begin on 3 March.
The governor, as a justification for his refusal, had said that he needed to get legal advice over a "derogatory letter" sent to him by Chief Minister Bhagwant Mann.
Solicitor General Tushar Mehta, representing the governor, referred to an order of the Governor saying that he has summoned the Budget Session at 10 AM on Friday.
"Possibly the plea will not survive. Governor never refused and he said he is taking legal advise. Please take the order passed by the Governor today," Mehta said.
What the court said: Over the course of the hearing, the CJI DY Chandrachud-led bench called for a more "constitutional" discourse between the Chief Minister and the governor and said:
"In our communications between constitutional authorities, there has to be constitutional discourse...there cannot be statements like who are you or how Centre selects you. Again, however inappropriate the tweet of the CM may be, the Assembly Session cannot be delayed."
Additionally, the court also observed that there was no reason for the governor to get legal advice on whether to summon the budget session, since he already had the aid and advice of the Council of Ministers at his disposal.
The letter in question: According to media reports, Mann had sent the letter after he tweeted on 14 February that he was only accountable to the 3 crore Punjabis who had elected him and not to the governor.
The said letter also had a request to convene the Budget Session.
Responding to the letter, the governor reportedly said:
“Since your tweet and letter both are not only patently unconstitutional but extremely derogatory also, therefore I am compelled to take legal advise on this issue. Only after getting legal advice I will take a decision on your request."
(With inputs from Bar and bench)
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