Read Time: 04 minutes
"Article 167 embodies certain duties towards the Governor by Chief Minister. Framers of Constitution wanted to ensure that while administration of the state is in hands of CM of state, the Governor as a constitutional authority is entrusted with the duty of guiding & counselling..", the Supreme Court further observed.
While hearing the Punjab government's plea today, challenging refusal of Governor to summon Assembly's Budget session, the Supreme Court today remarked that the tone and tenor used by Chief Minister of Punjab left much to be desired.
"Political differences in democratic polity are acceptable and have to be worked out with sense of sobriety and maturity without degenerating it to the bottom," added a CJI Chandrachud led bench.
At the beginning of the hearing, Solicitor General Tushar Mehta informed the bench also comprising Justice Narasimha that the petition had become infructuous because an order summoning the house was already issued on Tuesday.
When the matter was taken up by the court at 3.50 PM today, Senior Advocate AM Singhvi arguing for petitioner(s) told the bench that governors are required to function as per Constitution. A budget session cannot be convened without discretion, he added.
"This is harassment. Governor is the constitutional head and the whole cabinet writes to me. Can it be said that because you had a fight with me at tea party, I will not convene the budget session?", Singhvi further submitted.
Appearing for the Governor, SG Tushar Mehta clarified before the court that the official letter to the Governor by the CM of Punjab was atrocious and the level of communication they had stooped to was shocking.
"Not a single letter in communication of Governor where there is derogatory wording or is anything unparliamentary...", SG Mehta added.
To this Singhvi replied by saying that this 'happens in political discourse'.
After hearing the parties, CJI dictated his order while noting that:
"SG Tushar Mehta appearing for Respondent no. 1 has placed on record letter by governor of Punjab dated 28/2/23 which has stipulated convening of budget session on March 3 and as such prayers sought for have been met with....The authority entrusted to the governor is to be exercised on aid and advise of the council of ministers. However, the Tone and Tenor used by Chief Minister of Punjab leaves much to be desired...".
Please Login or Register
