A day after Punjab Governor Banwarilal Purohit’s office termed the two-day session of the Assembly called by the state government as “illegal”, Chief Minister Bhagwant Mann-led Aam Aadmi Party (AAP) government on Saturday maintained that this session is legal and will be held from 20 October.
Speaking to reporters after the Cabinet meeting on Saturday afternoon, Finance Minister Harpal Singh Cheema said the Governor should not have declared the session illegal. He said important Bills will be tabled in the two-day session.
“These Bills are for the good of Punjab and for the country. The Governor should change his legal advisors,” said Cheema. He said in all Opposition- ruled states, the Centre was posting such Governors and Lieutenant Governors who would not allow the democratically elected governments to work. “It is true in West Bengal, Delhi and Punjab,” Cheema said.
Governance Reforms minister Aman Arora has said that though no formal discussion on the Assembly session to be held next week took place in the meeting, the Council of ministers led by Chief Minister Bhagwant Mann has approved Bills on amendments to Goods and Services Tax. He said the meeting will be held as scheduled, and the special sitting of the Budget session is completely legal.
Amid the confrontation between Punjab Governor and the AAP government, in the letter office of the Governor on Friday reminded that this session from 20 October will be “illegal” and any business conducted during the session will be “unlawful” and “void.”
The letter drew “attention to the Governor’s letter dated 24 July, 2023 which recorded the Governor’s objection to a similar extended session styled as Special Session of the 4th (Budget) Session of the 16th Punjab Assembly called on 12 June, 2023, for 19 and 20 of the June, 2023.”
“Based on legal advice, and for reasons stated in the said letter, the Governor had pointed out that the calling of such a session was patiently illegal, against the accepted procedures and practice of the Legislature, and against the provisions of the Constitution,” the latter said.
It said in the present case also the calling of a Special Session of the 4th Budget Session of the Punjab Assembly, “suggesting that it is a continuance of the 4th session which was adjourned sine-die on 20 June, 2023, is nothing but an attempt to extend the Budget Session which was summoned by the Governor for 3 March and which stood concluded on 22 March, 2023, after the completion of the Agenda for business of the said session.
“In view of the reasons stated in dated 24th July, any such extended session is bound to be illegal, and any business conducted during such sessions is unlawful, and ab-ínitio void…,” the letter said.
Official sources said the session has been called to approve changes to Goods and Services Tax (GST) law as required by the Centre by October this year and setting up of an appellate tribunal with its principal bench in Delhi.
This apart, the state government may hold a discussion on MS Swaminathan report on agriculture and bring a resolution on SYL canal issue which has created a political roar in Punjab after the Supreme Court (SC) direction for survey of the land allocated for construction of part of the SYL canal, a decision seen as setback for Punjab and victory for Haryana.
A senior official said that since the government had not got the Budget session prorogued by the Governor, the Governor’s approval is not required to call a fresh sitting of the Assembly and the Speaker is competent to convene it.
The AAP government has been facing flak from the Opposition for alleged failure to put up Punjab’s case effectively in order to get a favorable SC decision over SYL which has been a bone of contention between Punjab and Haryana for the past several years.