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In Punjab, the Bhagwant Mann government and Governor Banwari Lal Purohit have come face to face. Recently, the Punjab government had filed a petition in this regard in the Supreme Court, in which it was said that the Governor is unnecessarily stopping the development work of the government by not approving the bills passed by the Legislative Assembly.
The Supreme Court on Monday heard the case of delay in approving the bills passed in the Punjab Vidhan Sabha. The Solicitor General told the court that the Governor has decided on all the bills. This information will be given to the government soon. The Punjab government has filed this petition in the Supreme Court against the delay on behalf of the Governor.
Now the hearing of this matter will be held on November 10 i.e. Friday. Similar to Punjab, some controversies are also emerging in Kerala and Tamil Nadu. The Supreme Court has also decided to hear those cases. That is, on November 10, all the cases that have come to the Supreme Court regarding the Governor of Punjab, Tamil Nadu and Kerala will be heard.
Why conflicts arise between the governor and the state government?
In India, the Governor is appointed by the President on the recommendation of the Central Government. In any state, the Governor is the representative of the President and the Central Government. His role in the state is very clear. The main function of the Governor is to discharge his duties on the advice of the State Government. Any extraordinary event happens in the state and if the governor does not agree with a bill he can reject it but if the government sends it again then it has to be approved as per rules.
The Governor also has the power to refer the bill to the President if he disagrees. The Governor also has the right not to take any decision on the bill. The law is also silent on this issue and that is why the state governments approach the Supreme Court in case of bills pending with the Governor.
How did the dispute arise in Punjab?
In fact, in states like Punjab, Tamil Nadu, Kerala, the governor and the state governments often come face to face because there are governments of other parties. It is not hidden from anyone that the central government has been appointing its own senior workers to the post of governor. The number of governors of the party which is in power at the center is more in the states. The position of governor is said to be constitutional but has been mired in controversy in recent years.
Some time ago, the Supreme Court also made a sharp comment about Maharashtra Governor Bhagat Singh Koshyari. Even in the case of Punjab, the Supreme Court has said that the Governor should not forget that he is not an elected representative of the people.
Who is how powerful? Find out from the experts
Supreme Court lawyer Ashwani Kumar Dubey says that any governor has limited but clear powers. They will either have to sign the bill approved by the state government or return it. In case of any doubt, the Governor can refer the Bill to the President. Simply, the constitution does not guide how long the governor can stop any bill? Importantly, there is no fixed time limit.
In such a case, if the bill is stopped, the possibility of dispute increases. This is exacerbated when there are governments of different parties at the Center and the state. Same is the case with Punjab.
Supreme Court lawyer Vineet Jindal says that the post of Governor is constitutional. When the matter of their appointment in the state came up, it was also decided that people from political parties would not be appointed to this post. But, that is a long way off now. Now in most of the states only old party workers have been made governors. Even though they resign from party positions before taking oath, the roots are still there. In such a situation, when there is a government with a similar ideology, disputes will be less and if there is a government with an opposing ideology, there will be a possibility of increasing disputes. It is also at the root of Punjab.
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