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Supreme Court of India 2023-02-28 disposed

State of Punjab vs Principal Secretary to the Governor of Punjab and Another

Bench: 2 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha

In Brief

The Governor of Punjab refused to summon the state legislature for its Budget Session, citing the Chief Minister's critical tweet and letter as constitutionally improper and wanting to obtain legal advice. The Supreme Court held that the Governor must exercise the power to summon the Assembly on the aid and advice of the Council of Ministers and cannot withhold it based on disagreement with the Chief Minister's speech or conduct. The Court affirmed that while the Governor has the right to seek information from the Chief Minister under Article 167, the Chief Minister's failure to provide it does not justify the Governor refusing his constitutional duty. The Court disposed of the petition after the Governor issued a summoning order and cautioned both officials about conducting constitutional discourse with decorum and mature statesmanship."

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Constitutional Law Separation of Powers Parliamentary Democracy Governor Powers Executive Accountability Article 174 Article 167 Writ Jurisdiction

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