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Supreme Court of India 2023-11-10 disposed

State of Punjab vs Principal Secretary to the Governor

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

The State of Punjab challenged the Governor's refusal to act on four Bills passed by the Vidhan Sabha and his withholding of recommendation for three Money Bills. The Court held that the Governor cannot indefinitely withhold action on Bills passed by the State Legislature. Article 200 requires the Governor to 'declare' assent, withholding, or reservation for the President 'as soon as possible'—mere inaction is unconstitutional. The Court also ruled that the Speaker's reconvening of the Vidhan Sabha on 19–20 June 2023 and 20 October 2023 after it was adjourned sine die was valid, as adjournment and prorogation are distinct; the Speaker has exclusive jurisdiction over procedure. The sessions were constitutionally valid, and the Governor must decide the Bills accordingly.

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Constitutional Law State Legislature Governor's Powers Parliamentary Procedure Separation of Powers Federalism Democratic Governance

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