Punjab

FINALLY, PUNJAB GOVERNOR PROROGUES PUNJAB LEGISLATIVE ASSEMBLY & NOT ITS SESSION AS WAS BEING DONE TILL JULY, 2022

February 04, 2023 11:07 AM

AS PER ARTICLE 174(2)(a) OF CONSTITUTION OF INDIA, ITS THE HOUSE & NOT THE SESSION WHICH SHOULD BE PROROGUED BY THE GOVERNOR - ADVOCATE

Face2News/Chandigarh

On Friday 3 Feb 2023, i.e. straight four months after the third Session of the current 16th Punjab Legislative Assembly (Vidhan Sabha) was adjourned Sine Die by the Speaker on 3 Oct 2022, an Order has been issued which is signed by the Governor of Punjab Banwarilal Purohit proroguing the Punjab Legislative Assembly by exercising the powers conferred upon him by virtue of Sub-Clause (a) of Clause (2) of Article 174 of Constitution of India.

Amidst all this, an Advocate at Punjab and Haryana High Court, Hemant Kumar, has welcomed the aforementioned Order as signed by the Punjab Governor since it now correctly mentions that the Punjab Legislative Assembly has been prorogued in terms of Article 174(2)(a) of Constitution of India. Earlier or in other words, till July last year, such Order(s) as issued by the Governor use to mention that the concerned Session of Punjab Legislative Assembly has been prorogued by the Governor and not the Assembly.

Pertinent that last year Hemant had written to the Punjab Governor, Speaker of Legislative Assembly, Chief Minister, Chief Secretary and Parliamentary Affairs Department of State Government etc. raising an interesting but serious legal (rather Constitutional) point by asserting that firstly the prorogation Order signed by the Governor under Article 174(2)(a) of the Constitution on April 16, 2022 mentioned prorogation of first Session of Punjab Vidhan Sabha and not the House (Legislative Assembly).

Similarly on July 13, 2022 another Order signed by the Governor of Punjab also mentioned prorogation of the Second (Budget) session of 16th Punjab Vidhan Sabha which was adjourned sine-die by the Speaker at the conclusion of its sitting held on 30th June 2022.

Hemant questioned the above two Prorogation Order(s) as issued by the State Governor since in both it was being erroneously mentioned that the Governor hereby prorogues the respective Session(s) of Punjab Vidhan Sabha because actually (read constitutionally) it is not the Session but rather the House which is to be prorogued by the Governor under Article 174 (2)(a) of Constitution of India.


 

Hemant questioned the above two Prorogation Order(s) as issued by the State Governor since in both it was being erroneously mentioned that the Governor hereby prorogues the respective Session(s) of Punjab Vidhan Sabha because actually (read constitutionally) it is not the Session but rather the House which is to be prorogued by the Governor under Article 174 (2)(a) of Constitution of India.

The Advocate said that prorogation means formal discontinuance of sittings of the House by the State Governor by issuing an Order under Article 174 (2)(a) of Constitution of India that is different from adjourning the House sine-dine, which however is ordered by the Speaker at the conclusion of all the Sittings of the House.

Although the House is summoned and prorogued by the Governor under Article 174(1) and Article 174(2)(a) of Constitution of India respectively, in reality such summoning and prorogation is actually decided by the ruling executive ( read the leader of the House i.e. the Chief Minister post approval by Cabinet/Council of Ministers) and thereafter a recommendation is made to the State Governor for issuing the formal Order.

Hemant further said that even when both Houses of Parliament viz. Lok Sabha and Rajya Sabha are adjourned sine-dine by the Speaker and Chairperson of the House respectively, thereafter the President of India in exercise of the powers conferred upon him under Article 85(2)(a) of Constitution of India prorogues the both Houses viz. Lok Sabha and Rajya Sabha and not the Session(s) of both Houses. Similar is the situation in all other States in the country including the neighbouring State of Haryana.

 
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