STATE OF PUNJAB versus PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER

Citation: [2023] 6 S.C.R. 532 · Decided: 28-02-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 6 S.C.R.
STATE OF PUNJAB
v.
PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB
AND ANOTHER
(Writ Petition (Civil) No. 302 of 2023)
FEBRUARY 28, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI AND
PAMIDIGHANTAM SRI NARASIMHA, J.]
Constitution of India – Art.174 – Governor addressed a
communication (dated 13.02.2023) to the Chief Minister (CM)
highlighting his concern on certain issues to which the CM had
responded through a letter and a ’tweet’ (not furnished the relevant
information sought) – The Governor noted that the CM in his
correspondence underscored the mandate of Art. 167 of the
Constitution as per which the CM is bound to furnish full details
and information sought by the Governor – On 22.02.2023, the
Council of Ministers of the Government of Punjab recommended
the summoning of the Budget Session of the Vidhan Sabha on
03.03.2023 under Art. 174(1) – The Governor of Punjab addressed
a communication to the CM, which referred to the prior exchange
of correspondence between them and stated that only after taking
legal advice on the prior exchange between them, he will take a
decision on the recommendation – State filed a writ petition u/Art.32
on the inaction of the Governor in summoning the Assembly for the
Budget Session – Held: In terms of the order dated 28.02.2023
(after the institution of petition), the Governor had summoned the
Vidhan Sabha to meet for its Fourth (Budget) Session on 03.03.2023,
thus the reliefs sought have been substantially fulfilled – Further,
that there was no occasion to seek legal advice on whether or not
the Budget Session of the Legislative Assembly should be convened,
as per the constitutional provision the Governor was plainly bound
by the advice tendered to him by the Council of Ministers.
Constitution of India – Art.167 – Scope of – Held: The Chief
Minister has the duty to communicate and duty to furnish such
information relating to the administration of the affairs of the State
and proposals for legislation as the Governor may require – The
[2023] 6 S.C.R. 532
532
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information that the Governor seeks under Art. 167 would enable
them to effectively discharge their duties – The Chief Minister is
required to discharge their duties under Art. 167 to enable the
Governor to effectively discharge their duties stipulated in the
Constitution.
Disposing of the petition, the Court
HELD:1. The Governor of Punjab has summoned the
Sixteenth Vidhan Sabha of the State of Punjab to meet for its Fourth
(Budget) Session at 10 am on 3 March 2023. With the issuance
of the above order by the Governor, the reliefs which have been
sought in the petition have been substantially fulfilled. [Paras
15,16][538-G-H]
2. The Chief Minister has the duty to communicate to the
Governor all decisions of the Council of Ministers relating to the
administration of the affairs of the State and proposals for
legislation. Going beyond the duty to communicate, the Chief
Minister has a duty to furnish such information relating to the
administration of the affairs of the State and proposals for
legislation as the Governor may require. Moreover, if the
Governor so requires, the Chief Minister is duty bound to submit
for consideration to the Council of Ministers any matter on which
the decision is taken by a Minister which has not been considered
by the Council of Ministers. [Para 18][539-E-F]
3. The power of the Governor to seek information under
Article 167 must be read holistically with reference to their duties
as constitutional head under the Constitution. The information
that the Governor seeks under Article 167 would enable them to
effectively discharge their duties. To illustrate, the Governor has
the power to direct reconsideration of bills that are passed in the
assembly. For the Governor to make this decision, it is necessary
that all the relevant information that would aid them in making
the said decision must be made available. Similarly, the governor
requires all relevant information to identify if a decision has been
taken by a Minister individually without the consideration of the
council. The Governor might be unable to discharge their duty
STATE OF PUNJAB v. PRINCIPAL SECRETARY TO THE GOVERNOR OF
PUNJAB AND ANOTHER
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SUPREME COURT REPORTS
[2023] 6 S.C.R.
under Article 167(c) if the Chief Minister does not discharge
their duty under Article 167(a) and Article 167 (b) by providing
the Governor with relevant information as requested. Th
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