GOVERNOR ERRONEOUSLY PROROGUING SESSIONS OF VIDHAN SABHA WHEREAS SUCH PROROGATION SHOULD BE OF THE HOUSE UNDER ARTICLE 174(2)(a) OF CONSTITUTION OF INDIA — ADVOCATE HEMANT
(MOREPIC1)Chandigarh (Face2News)
Recently on July 14, the Punjab Vidhan Sabha Secretariat issued a Notification which mentions the Order issued by Banwarilal Purohit, Governor of Punjab dated 13 July 2022, which states that in exercise of the powers conferred upon him by virtue of sub-clause (a) of clause (2) of Article 174 of Constitution of India, he hereby prorogues the second (budget) session of 16th Punjab Vidhan Sabha which was adjourned sine-die at the conclusion of its sitting held on 30th June 2022.
Although the above Notification is yet to be published in Punjab Government Gazette but it has been uploaded and currently available on the official website of Punjab Assembly.
Three months back on 16th April 2022, the Punjab Governor issued a similar sort of Order i.e. under Article 174(2)(a) of Constitution of India wherein he prorogued the first session of 16th Punjab Vidhan Sabha which was adjourned sine-die at the conclusion of its sitting held on 1st April 2022. The aforesaid Order was duly published in Punjab Government Gazette two days later on 18 April 2022.
Meanwhile, an Advocate at Punjab and Haryana High Court, Hemant Kumar, has today written to the Governor of Punjab, Speaker of Punjab Assembly, Chief Minister, Parliamentary Affairs Minister, Chief Secretary raising objection over the Order(s) as issued by the Governor pertaining to prorogation of State Legislative Assembly from time to time since in such issued and duly notified/published Order(s) it is being erroneously mentioned that the Governor hereby prorogues the respective Session of Punjab Vidhan Sabha however 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 elaborated that 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 proroguing is decided by the ruling executive ( read the leader of the House i.e. the Chief Minister) from time to time, hence if such an error is occuring in the Orders pertaining to prorogation of the Punjab Vidhan Sabha, it is not the Governor but rather the concerned senior officers of the State Government including of Parliamentary Affairs Department who should be held responsible.
Hemant asserts 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 concerned Session(s) of both Houses. Similar is the situation in all other States in the country including the neighbouring State of Haryana.
