Tag: Banwarilal Purohit

Governors Cannot Keep Bills Pending Indefinitely: SC

The top court said that the indefinite withholding of Bills lets the governor, an unelected Head of the State, veto the functioning of the duly elected legislature in contravention of constitutional democratic principles.

New Delhi: Governors are not empowered to keep a Bill pending indefinitely without any action whatsoever, the Supreme Court has ruled.

Article 200 of the constitution empowers governors to either give assent to passed Bills, withhold assent, or reserve them for the president’s consideration when he or she receives a Bill from the state government.

The apex court highlighted that the “substantive part of Article 200 empowers the governor to withhold assent to the Bill”, and that in such an event, the governor must communicate it to the State Legislature “as soon as possible”, warranting the reconsideration of the Bill.

“The expression “as soon as possible” is significant. It conveys a constitutional imperative of expedition. Failure to take a call and keeping a Bill duly passed for indeterminate periods is a course of action inconsistent with that expression. Constitutional language is not surplusage,” its judgment read.

It further said that failing to read the governor’s power in Article 200 in this manner would put him in a “position to virtually veto” the elected legislature’s functioning.

“Such a course of action would be contrary to [the] fundamental principles of a constitutional democracy based on a parliamentary pattern of governance,” it added.

Additionally, the court said that governors are required to “declare” which option they choose to exercise.

These remarks were made by the Supreme Court’s three-judge bench, headed by Chief Justice of India (CJI) D.Y. Chandrachud, on a November 10 ruling, based on a plea by the Punjab government against governor Banwarilal Purohit. The governor had kept seven Bills, sent to him by the state legislature, pending.

The bench’s detailed judgment was made public on Thursday, November 23.

Also Read: Governors as Ruling Party’s Storm Troopers

Implications for other states

Similar petitions have been filed by the Kerala and Tamil Nadu governments.

The Dravida Munnetra Kazhagam-led Tamil Nadu government had moved the Supreme Court in October over governor R.N. Ravi’s delay in clearing Bills passed by the state legislature.

According to the Hindu, the Bills had been sent for approval to the governor’s office in the period between January 2020 to April 2023.

Responding to the state government’s plea, the Supreme Court, on November 10, said that this was a “matter of serious concern” and issued a notice to the Union government, PTI reported.

Three days later, Ravi returned 10 Bills to the legislature for reconsideration, following which the assembly passed them again.

On November 2o, the Supreme Court reiterated its concerns over the delay.

“Mr Attorney, the Governor says he has disposed of these Bills on November 13. Our concern is that our order was passed on November 10. These Bills have been pending since January 2020. It means that the governor took the decision after the court issued notice,” the CJI said, according to LiveLaw.

He continued: “What was the governor doing for three years? Why should the governor wait for the parties to approach the Supreme Court?”

According to Article 200, governors are required to give assent to non-money Bills that have been reconsidered and passed by state legislatures regardless of whether they have been amended.

The top court will hear a similar petition by Kerala’s government today (November 24) and will resume hearing Tamil Nadu’s petition on December 1.

Trend of Governors Acting on Bills Only After State Governments Approach Courts Must Stop: SC

CJI Chandrachud made this oral observation while hearing a writ petition filed by the Punjab government challenging the inaction of governor Banwarilal Purohit on seven Bills.

New Delhi: The Supreme Court on Monday, November 6, expressed anguish that state governments have to approach the courts to get governors to act on Bills passed by the legislature. The top court made this oral observation while hearing a writ petition filed by the Punjab government challenging the inaction of governor Banwarilal Purohit on seven Bills.

According to LiveLaw, Chief Justice of India D.Y. Chandrachud orally said that the trend of governors acting on Bills only after the government approaches the court must stop

He said this in response to solicitor general Tushar Mehta informing the bench that governor Purohit took “appropriate decisions” on some Bills and would convey the details by Friday (November 10).

The CJI said, according to LiveLaw:

“Why does the party have to come to the Supreme Court? Governors act only when matters reach the Supreme Court. This has to stop. You come to Supreme Court then the Governor starts acting. This shouldn’t be.”

He pointed out that a similar situation had occurred in the past in Telangana, when the governor acted on the pending Bills only after the government filed a writ petition in the top court.

“Governors should not be oblivious of the fact that they are not elected authorities,” the CJI stated.

Senior advocate Abhishek Manu Singhvi, appearing for the Punjab government, said Bills that the governor did not act on included those on fiscal management and amendments to GST, affecting governance. To this, the CJI said:

“Little bit of soul searching needed from Chief Minister and Governor. Governor must know that he is not an elected representative… He can withhold assent and send it back once.. This is particularly on money bills … Why should parties be required to move the Supreme Court for convening the House? … We are the oldest democracy and these issues must be sorted between the Chief Minister and the Governor.”

The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, agreed to hear similar petitions filed by the Kerala and Tamil Nadu governments also on Friday.

Kerala Government Moves SC Against Governor for Keeping Bills on Hold Indefinitely

The Tamil Nadu and Punjab governments, also ruled by opposition parties, have also recently approached the top court against their respective governors.

New Delhi: Kerala has become the latest state government ruled by an opposition party to move the Supreme Court against the governor, requesting the top court to declare that Arif Mohammed Khan has failed to exercise his constitutional powers and duties by keeping Bills passed by the legislature on hold for an indefinite period.

Kerala’s move comes days after the DMK government in Tamil Nadu filed a petition in the apex court, accusing governor R.N. Ravi of positioning himself as a “political rival” who is “obstructing the State Legislative Assembly’s ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed”. The Punjab government, led by the Aam Aadmi Party, also recently moved the top court against governor Banwarilal Purohit.

According to The Hindu, the Kerala government raised the demand in a special leave petition on Thursday, November 2. The petition says the governor “subverted the Constitution and acted in a manifestly arbitrary manner by keeping the Bills passed by the State Legislature for an indefinite period”. It sought a declaration from the Supreme Court that the governor is duty-bound to dispose of every Bill presented to him “within a reasonable time” and a direction to Khan to do the same without any further delay.

According to the newspaper, three Bills passed by the legislature were pending with the governor for more than two years and three more for longer than a year. “The conduct of the Governor threatened to defeat and subvert the very fundamentals and basic foundations of the Constitution, including the rule of law and democratic good governance,” the petition argues.

The Kerala government pointed out that the governor had cleared the Kerala Private Forest (Vesting and Assignment) Bill, 2023, which was presented to him on April 6, 2023, on September 18. This shows that the non-disposal of the earlier Bills was a “conscious act”, the petition says, according to The Hindu.

“A Governor who acts in gross disregard and violation of the provisions of the Constitution cannot be said to be functioning in the discharge of his duties as a Governor,” the petition adds.

Over the past few years, opposition parties have repeatedly criticised governors appointed by the Narendra Modi government, accusing them of acting in violation of constitutional provisions and hindering governance. “They are wilfully undermining democratically elected state governments and choosing instead to obstruct governance as per their whims and fancies,” a letter signed by eight opposition parties and sent to Prime Minister Modi in March said.

While the constitution obliges governors to follow the “advice” of the cabinet led by the chief minister, the fact that there is not clarity about some key powers has led to abuses of power. The constitution is silent about three key areas regarding the governor: who to invite to form government; when to dissolve or call the state assembly into session, and when to approve Bills.

Debt, Promises and Perception: A Report Card for the First 6 Months of AAP’s Govt in Punjab

Punjab’s AAP government has worked to try and deliver on the many poll promises it had made six months ago, however, apart from its penchant for theatrics, this delivery has been largely hit-or-miss.

The Aam Aadmi Party (AAP) government in Punjab has completed six months in power. At a time when the party is gearing up to take on the Bharatiya Janata Party (BJP) and the Congress in the poll-bound states of Gujarat and Himachal Pradesh by flaunting its ‘performance’ in Punjab, it is befitting to take stock of the AAP government’s performance.

Poll promises

The party came to power after winning an unprecedented 92 out of 117 seats in Punjab, bringing to an end the electoral dominance of the Congress and the Akali Dal in the state’s politics since Partition.

The verdict was as much a result of anti-incumbency as of faith in the ‘new’ party. The party managed to create a silent wave in its favour by promising to bring an end to what it called ‘institutionalised’ corruption, mafia raj and a drug-infested system. It also promised to bring Punjab’s economy back on the rails by bringing in investment in the farm sector.

Further, following the party’s ‘Delhi model’ of development, the AAP also promised improvements in the health and education sectors.

Underlining the unemployment issue, which causes the state’s youth to emigrate in huge numbers, the party promised to create government jobs, improve the education sector and also regularise the jobs of temporary employees. The party also went far beyond its rival parties in promising ‘freebies’, like the supply of free electricity up to 300 units to each household, a Rs 1,000 payment to each adult woman in Punjab, and so on.

Execution: hit or miss?

The past six months have witnessed several decisions being taken by the Bhagwant Mann government in line with its poll promises. However, the manner in which they were announced reveals the character of the ten-year-old party.

Mann’s very first decision was to launch an anti-corruption helpline number, which was announced on social media and asked people to record audio/videos of officials asking for bribes and send them via WhatsApp it to the given mobile number. Among the most prominent faces to fall into the trap was the then state health minister Vijay Singla who was not only sacked, but also arrested on charges of corruption by the chief minister after a ‘monitoring operation’.

Also read: Punjab: AAP Celebrates Health Minister’s Sacking as ‘Masterstroke’, Opposition Calls it a Stunt

Kejriwal, while hailing the decision as the ‘dawn of a new era’, reiterated the party’s avowed policy of ‘zero tolerance for corruption’. Ironically, another AAP minister is presently in the dock facing corruption charges, being yet another victim of a ‘sting operation’.

The government also announced its intention to get a bill passed (which it did) to amend the pension rules for legislators, allowing them to avail of pensions for only one term even if they had been members for multiple terms, as was the case earlier.

Aiming to end ‘VIP culture’, a decision was taken in phases to withdraw the security cover of 424 people, including former legislators. The move was justified in the name of augmenting the police force on ground to fight organised crime and corruption. The government, however, had to partly backtrack on this move after the assassination of popular Punjabi singer Sidhu Moose Wala, who was among those whose security cover had been withdrawn.

In the service sector, temporary government jobs have been regularised and posts have been advertised, however, not at the scale promised. Teachers at universities and colleges finally received the Seventh Pay Commission, after years of waiting, though they will have to wait longer still for arrears. On the services delivery front based on the ‘Delhi model’, the government also opened several mohalla clinics in Punjab and has upgraded government schools, but again, not at the scale expected.

On the issue of drugs, arrests have been made in thousands of cases involving serving officers, leading to a visible improvement in the situation on the ground; or at the very least, keeping the situation from worsening further.

In a state reeling under massive debt, freebies have come in the form of free power up to 300 units for every household. To revive the state’s once-famed manufacturing sector, the party has been trying to woo potential investors, but without much success. Mann’s trip to Germany for this very purpose ended on a disastrous note, with the Opposition alleging that he returned to alcoholism despite taking a vow publicly to abstain.

The farming sector, reeling under the post Green Revolution crisis, has not witnessed much-needed diversification. The  government, in its efforts to encourage farmers, has announced a minimum support price (MSP) for Moong dal, which not only allows farmers to have a third crop for the year, but also helps in augmenting the depleting nutrient quality of the soil.

Interestingly, most of these decisions were announced in a very ‘public’ mode, typical of the AAP brand of theatrical, media-fed politics which aims to get traction on social/new media platforms using videos and tweets besides regular, full-page newspaper advertisements.

The party’s penchant for dramatics was evidenced in the recent hullabaloo created by party workers about the BJP allegedly trying to lure AAP legislators in Punjab as it allegedly did to other Opposition MLAs in states like Karnataka, Madhya Pradesh, Maharashtra and Goa, using monetary or ministerial inducement. The party aimed to highlight the integrity of its members and also take a potshot at the Congress, whose legislators have allegedly been victims of the ‘Operation Lotus’.

The episode also led to a very public spat between Punjab governor Banwarilal Purohit and the party as the latter demanded that a special session of the legislative assembly be called for a floor test and the governor initially declined to do so on legal advice.

Congress and BJP leaders, for their part, have been claiming for long that many AAP legislators are disgruntled and ready to defect of their own volition. The AAP leadership must be credited for averting defections so far as the party, in the past, has witnessed regular defection. Half of the 20 legislators who won on AAP tickets or its support in 2017 assembly elections switched sides and the same was the case with the four MPs who had won in 2014. 

‘Proxy’ government

Besides coming up short on the huge promises it made before the election, the AAP has also faced the ‘perception’ challenge as the Opposition has alleged that the Mann government in Punjab is a proxy government run by the party high command in Delhi (read, Kajriwal). Further, the Punjab government is accused of using large amounts of Punjab government funds and resources to promote the party in other poll-bound states.

Chief minister Mann has not been able to project himself as a leader of Punjab having relative autonomy vis-à-vis his Delhi bosses. This, despite his playing the regional card by opposing the demand to make Panjab University a central university, or the extension of central services rules to the Chandigarh Union Territory (UT) employees or employees of UT-based educational institutions.

Also read: Explainer: Why Union Govt’s Decision to Bring Central Service Rules to Chandigarh Has Raised Furore

The omnipresence of Raghav Chadha, a Delhi-based Punjabi politician and now a Rajya Sabha member from the state  seen as a ‘regent’ of the AAP’s Delhi durbar, has not helped in dispelling the perception.

Kejriwal has also been very public in endorsing every major government decision. He was seen as giving Rajya Sabha tickets to the non-Punjabis, however, the party later made amends by nominating an environmentalist and a social activist from Punjab for the remaining two seats.

Persistent issues

On the electoral front, too, the party has faced setbacks. Sikh separatist leader Simranjit Singh Mann of the radical Akali Dal (Amritsar) faction won the Sangrur Lok Sabha bypoll earlier this year, necessitated by Mann’s resignation as an MP. This came as a setback as the party in power in the state is expected to win such polls.

However, the spectre of the revival of militancy remains distant despite the Sangrur verdict and other similar developments, such as the Akal Takht Jathedar reportedly asking Sikh youth to keep arms to ‘defend their faith’; the public display of Bhindranwale posters; or the Akali Dal demand to release ‘Bandi-Sikhs’. 

Also read: SGPC, Akal Takth Change Tact On Emotive Issues Of Sikhs: Coincidence Or An Effort To Save SAD?

Communal peace has prevailed even though the simmering sacrilege issue is yet to be dealt with to the satisfaction of the Sikh masses. However, the issue of illegal sand mining in the border regions as flagged by the security agencies, frequent landing of drones laden with weapons, fake currency and drugs from across the border and also the incident of the rocket-propelled grenade attack on the Punjab police intelligence headquarters; all show a threat to national security and the ethnic peace in the border state.

The inexperienced AAP government has a major task before it to keep the state agencies and forces in high alert and in a fighting mode. Cooperation with the Union government in this aspect, as well in seeking economic assistance, is of vital importance.

The precarious state of Punjab’s economy and its geo-strategic location demands a certain degree of understanding and cooperation between the Union government and the state, something that was visible during Captain Amarinder Singh’s regime.

As for the promise to root out corruption and organised crime by the entrenched mafia, much more systematic effort is required.

Ashutosh Kumar is professor in the department of political science, Panjab University, Chandigarh. Views expressed are personal.

Punjab: AAP Govt Wins Confidence Vote; Congress, BJP Abstain

The AAP had earlier claimed that at least 10 of its MLAs were approached by the BJP with an offer of Rs 25 crore to each of them in a bid to topple the six-month-old government under its “Operation Lotus”.

New Delhi: The Bhagwant Mann-led Aam Aadmi Party (AAP) government in Punjab on Monday, October 3, won the vote of confidence, an expected outcome, with a thumping majority as 91 of the ruling party legislators voted in support of the motion.

The confidence motion – which was moved by chief minister Mann on September 27 after the ruling party accused the BJP of trying to topple the state government – saw the main opposition Congress abstaining during the voting.

The Bharatiya Janata Party (BJP) already announced its decision to boycott the assembly session as it had accused the AAP government of “violating” the constitution by bringing the confidence motion in the assembly. Congress MLAs staged a walkout from the House on another issue.

During the discussion on the confidence motion, AAP MLAs hit out at the BJP, saying after Delhi their “Operation Lotus”, a bid to topple the government, also failed in Punjab. The AAP had earlier claimed that at least 10 of its MLAs were approached by the BJP with an offer of Rs 25 crore to each of them in a bid to topple the six-month-old government under its “Operation Lotus”

Also read: BJP Offered ‘Rs 20-25 Crore’ to MLAs to Topple Punjab Government, Claims AAP

After a lengthy discussion on the motion, Speaker Kultar Singh Sandhwan put it to vote in the House on the concluding day of the brief session. He asked MLAs to raise hands who were in support of, and then asked those who were against the motion of confidence.

Announcing the results, Speaker said 91 AAP MLAs supported the motion. He also said one of the three Shiromani Akali Dal MLAs who were present in the House and a lone BSP MLA “did not oppose the motion”. No Congress, BJP or lone Independent MLA was present in the House at the time of voting.

“So, 93 MLAs have supported the motion and none is against it. Thus, the motion is unanimously passed,” the Speaker said.

In the 117-member Assembly, the AAP has 92 MLAs, including the Speaker, Congress 18, SAD 3, BJP 2, BSP 1 while 1 is an Independent.

Later, SAD MLA Manpreet Singh Ayali, who was present during the voting, said he had opposed the motion. He also said that he informed the Speaker about his decision.

The SAD legislature wing said it opposed the confidence motion, asserting that it (motion) was a “farce” and that there were other urgent issues that should have been taken up for discussion.

As the discussion began on the motion, Congress MLAs staged a walkout as they were demanding that the Speaker should allot them time to speak and raise issues during the Zero Hour.

The two BJP MLAs Ashwani Sharma and Jangi Lal Mahajan have been boycotting the session.

The confidence motion was moved by Mann on the opening day of the assembly session and then he targeted the BJP over its alleged “Operation Lotus” and the Congress for allegedly being hand-in-glove with the saffron party.

Taking part in the discussion on Monday, the chief minister said that the people of Punjab reposed their trust in AAP this time and that trust was not a commodity, which can be purchased.

Mann questioned why opposition Congress and BJP “ran away from discussion”.

Hitting out at BJP, Mann alleged that loktantra (democracy) is being made into “paisatantra” and “loot tantra“. On “Operation Lotus”, Mann alleged that attempts were being made to throttle democracy.

“The country faces two threats – one internal and another external. Internal threat is very dangerous, this is what is going on in the country at this time,” he said.

Mann said that Congress MLAs who walked out from the House should have remained present and supported the motion because their party in many states had seen legislators joining the BJP.

AAP MLA Sheetal Angural was the first one to take part in the discussion on Monday. Angural said he had submitted to the State Vigilance Bureau all details, including call recording and mobile phone number, besides a “sting” he did when three people, who claimed to be meeting him on BJP’s behalf, had met him recently and offered money and position under “Operation Lotus”.

Angural claimed that he also did a sting in which those who met him could be heard as saying that they will “arrange” a meeting with a BJP leader “who will seal the deal”. “They may use any tactics, but Bhagwant Mann and Arvind Kejriwal’s team is honest,” he said while hitting out at the BJP.

Attacking the Congress, Angural and some other AAP MLAs said that the grand old party was playing the role of BJP’s “B” team.

AAP MLA Dinesh Chadha also hit out at the Congress and said, “We saw what happened in Karnataka, Madhya Pradesh and Goa, the party whose MLAs have switched over the most should have said that they support this confidence motion. Rather, Congress MLAs claim there is no provision in the constitution for bringing confidence motion.”

Senior AAP MLA Baljinder Kaur also hit out at BJP over “Operation Lotus”, saying the saffron party feels they can form governments everywhere on the basis of “money power”. “But first in Delhi and now in Punjab, their operation has failed,” she said.

Another AAP MLA Prof Budhram equated BJP with a “serial killer” of democracy.

Earlier, Speaker Sandhwan on Monday allotted two hours’ time for discussion on the confidence motion.

Last week, the BJP had accused the AAP of “betraying” governor Banwarilal Purohit and running away from discussion on burning issues of the state.

The Congress had also questioned the AAP government’s move of bringing the confidence motion while stating that no rule in the Punjab Vidhan Sabha allowed the ruling party to bring such a motion.

A controversy erupted after governor Bhanwarilal Purohit withdrew his assent on September 21 given earlier to the AAP government’s request to convene a ‘special’ session on September 22. In fact, the governor himself had given his nod to the request for the ‘special’ session, which the AAP government sought to table a confidence motion in the assembly in the wake of allegations that the BJP was trying to “poach” the ruling party MLAs to dislodge Mann’s government.

Amidst a tiff with the governor over the withdrawal of permission for a ‘special’ Assembly session, the Aam Aadmi Party (AAP) government in Punjab decided to a ‘regular’ session on September 27.

(With PTI inputs)

As Punjab Governor Withdraws Order Summoning Special Assembly Session, AAP Cries Foul

Banwarilal Purohit said House rules did not allow summoning a session just to pass a trust vote in favour of the government, earning praise from opposition parties.

New Delhi: Punjab governor Banwarilal Purohit on Wednesday withdrew his earlier order calling a special session to bring a confidence motion, earning criticism from the Aam Aadmi Party (AAP) and praise from the opposition.

The governor withdrew an earlier order calling the special session on Thursday, saying he had sought legal opinion after the Congress and the BJP approached the Raj Bhavan arguing that the House rules did not allow summoning a session just to pass a trust vote in favour of the government.

AAP national convener Arvind Kejriwal and Punjab chief minister Bhagwant Mann slammed the governor for the decision, while the opposition parties hailed the move, saying Purohit prevented the state government from “sabotaging the constitutional and legislative practices”.

The AAP had sought to prove its majority through a confidence motion in the assembly, days after it alleged that the BJP was trying to bring down its government in Punjab by poaching its MLAs. The party had recently claimed that at least 10 of its MLAs were approached by the BJP with an offer of Rs 25 crore to each to topple the six-month-old government.

With 92 MLAs, the AAP has an overwhelming majority in the 117-member Punjab assembly, while Congress has 18, SAD three, BJP two, and BSP one. The assembly also has one independent member.

The opposition BJP and the Congress had slammed the AAP move, accusing it of indulging in “theatrics” to divert the attention of people from its “failures”. They asked why AAP needed to move a trust vote when nobody had claimed that it had lost its majority in the House.

“In absence of the specific rules regarding summoning of the assembly for considering the ‘confidence motion’ only called by the Punjab government on September 22, through special session of 16th Punjab Vidhan Sabha, I Banwarilal Purohit, Governor of Punjab, hereby withdraw my orders dated September 20, regarding summoning the 16th Vidhan Sabha of the state of Punjab to meet for its third (special) session at 11 am on Thursday, September 22, in the Punjab Vidhan Sabha hall, Vidhan Bhavan, Chandigarh,” the latest order read.

Kejriwal hit out at the governor. “How can the governor refuse a session called by the cabinet? Then democracy is over,” the Delhi chief minister said in a tweet in Hindi.

His Punjab counterpart Mann said, “The governor not allowing the Assembly to run raises big questions on the country’s democracy.”

The BJP termed the governor’s move an “appropriate and constitutional decision”.

BJP national general secretary Tarun Chugh accused the AAP of trying to use the assembly for its “selfish political purposes”, claiming that its house of lies is crumbling and its credibility is falling.

Punjab Congress chief Amrinder Singh Raja Warring also welcomed the governor’s move for preventing the AAP government from “sabotaging the constitutional, democratic and legislative practices and procedures”.

SAD chief Sukhbir Singh Badal and party leader Bikram Singh Majithia too hailed the governor’s move, saying it will save crores of rupees of the state exchequer.

The governor’s decision came after Congress leaders Partap Singh Bajwa and Sukhpal Singh Khaira, and BJP leader Sharma approached the Raj Bhavan, arguing that there was no legal provision to convene a special session just to move a ‘confidence motion’ in favour of the state government.

In a letter to the governor, Khaira had stated that there is provision only for a no-confidence motion under the Rules of Procedure and Conduct of Business in Chapter XII Para 58(1) but not for any Motion of Confidence.

In his order withdrawing permission for the special session, the governor said he took the decision after seeking legal advice from the additional solicitor general of India Satya Pal Jain. Jain gave his legal opinion that there is no specific provision regarding summoning the assembly for considering the “confidence motion” only, in the Punjab Vidhan Sabha Rules of Procedure and Conduct of Business.

Teachers’ Pay Parity Row Leads to Demands for Central University Status for Panjab University

Teaching and non-teaching staff, as well as other stakeholders, are divided vis-a-vis the move, however, most agree that the Punjab government should increase the retirement age of teachers and implement the 7th Pay Commission, regardless.

Jalandhar: Alarmed over the simmering anger and protests against the proposal to afford ‘Central University’ status to the historic Panjab University (PU), Chandigarh, Punjab chief minister Bhagwant Mann, on June 19, finally wrote a letter to Union home minister Amit Shah demanding that the status quo of PU be maintained as per the Punjab Reorganisation Act, 1966.

Chief minister Mann’s move came nearly 10 days after a collection of nine PU, Chandigarh students’ unions clashed with the Chandigarh Police while on their way to meet governor Banwarilal Purohit.

On June 9, the students’ unions had called for protest against the proposed move, which is likely to become a major political issue in the coming days.

The clash had led to sharp reactions from opposition parties in the state, such as the Shiromani Akali Dal (SAD) and the Congress. The Bharatiya Janata Party (BJP) leadership remained mum on the issue, as did the ruling Aam Aadmi Party (AAP) in the state, avoiding any immediate reaction.

Only on June 12, three days after the students’ protest, did Punjab education minister Gurmeet Singh Meet Hayer tweet in support of PU.

The chief minister has invited the students’ unions for a meeting on June 29 in Chandigarh in this regard.

Mann writes letter to Amit Shah

On June 19, Mann wrote a letter to home minister Shah stating that for some time, certain vested interests have been trying to push to turn PU into a Central University and that they even approached the courts for the same.

In the letter, the chief minister wrote: “At the time of the reorganisation of the state of Punjab in 1966, Panjab University was declared as an ‘Inter State Body Corporate’ under Section 72 (1) of the Punjab Reorganisation Act, 1966, enacted by the Parliament. The status of Panjab University was affirmed in CWP No.8025 of 2007, titled Dr A.C. Julka and others versus Panjab University & others.”

Recently, the Punjab and Haryana high court, in CWP No.10775 of 2022, has sought a conscious decision from the Union ministers of home affairs and education on the issue of converting Panjab University into a Central University.

Also read: Almost Half of All Central Universities Functioning Without a Regular Vice-Chancellor

As per sub-section (4) of Section 72 of the Punjab Reorganisation Act, the maintenance deficit grant to the university was to be shared and paid by Punjab, Haryana, Himachal Pradesh and UT Administration of Chandigarh in the ratio of 20:20:20:40. However, Haryana and Himachal Pradesh decided to withdraw from this sharing arrangement.

Thus, from 1976 onwards, Punjab and Chandigarh have borne the financial responsibility of paying maintenance deficit grants to the university in the ratio of 40:60.

The government of Punjab is presently giving grant-in-aid of Rs 42 crore to the university annually, besides nearly Rs 100 crore annually collected by the university from the affiliated colleges located in Punjab.

In his letter to Shah, Mann further wrote: “It has been learned that the central government is examining the feasibility of converting PU into a Central University. PU is a symbol of Punjab’s legacy and is synonymous with Punjab. The university caters only to Punjab and its capital Chandigarh, which, on account of historical reasons, happens to be a UT. Therefore, there exists no reason to alter the character of the university into a Central one.”

“It is important that the extant legal and administrative status of PU be preserved by the Government of India and time tested and well-functioning arrangement is not altered in any manner,” the chief minister wrote further, adding that any decision to the contrary would not be acceptable to the people of Punjab.

High court’s observations on PU

On May 29, the Punjab and Haryana high court, while addressing a petition by Sangeeta Bhalla, a faculty member of PU, directed the Union government, through the home and education ministries, to consider converting PU into a Central University.

Justice Rajbir Shehrawat, hearing the matter, had said that as per the Panjab University Act, PU  was an inter-state body corporate, leaving the university and its affiliated colleges out of the ambit of the Union government’s service rules.

The next hearing in the case is slated to take place on August 30.

Notably, the MHA had issued a notification on March 29, 2022, implementing Central Civil Service Rules in all departments of Chandigarh, pushing the demand for the conversion of PU into a Central University.

However, it did not cover PU Chandigarh, as a result of which the retirement age of teachers would remain 60 years as per Punjab government rules, as compared to 65 years under Union government rules, forcing them to take legal course.

PU student unions oppose the move

PU student unions have been strongly opposing the proposed move.

Following the June 9 protest, Amandeep Singh, state secretary of Punjab Student Union (Lalkar) handed over a memorandum to the Punjab governor demanding for the state government to “restore Punjab’s full control over PU, Chandigarh and the cancellation of National Education Policy (NEP), 2020”.

“The central government is attacking the rights of Punjab. PU Chandigarh is the historic legacy of undivided Punjab and a name to reckon with in quality education across the country,” Singh said. “Historically and geographically, Punjab alone has the right over PU. But for the past some time, central government has been trying to take control of PU and convert it into a Central University.”

“To take away this university is to weaken Punjab intellectually and academically,” he continued. “Bringing PU under the centre’s control means to further hollow out Punjab’s claim over Chandigarh. PU is the last link between Punjab and Chandigarh and the AAP government should buckle up before it is too late.”

Singh said that whether it was increasing the jurisdiction of Border Security Force (BSF) in border districts; implementing Centre Service Rules in Chandigarh; the Bhakra Beas Management Row (BBMB) row; the Dam Safety Bill, 2021 or the transfer of Chandigarh to Punjab, the Union government’s moves show that it is clearly functioning against Punjab’s rights.

Also read: MHA Extends BSF’s Jurisdiction in Border States, Triggers Political Storm in Punjab

Similarly, opposing the centralisation of PU, Sandeep Kumar, president of Students for Society (SFS) said, “It took over 10 days for the Punjab chief minster to break his silence over such a sensitive issue. This shows the approach of the AAP government in addressing the core issues of Punjab.”

“When student unions led a protest on June 9, we were lathi charged and manhandled by the UT Police. Nobody from the Punjab government came to hear us. Only two officials came, which included an officer from Punjab governor’s office and a UT Police officer,” Kumar continued.

Kumar also said that behind such a move is the Union government’s policy of promoting privatisation, centralisation and saffronisation of education, which they are doing gradually through the National Education Policy.

He also asked that if Central Universities were such a success, why were their teachers protesting for regularisation and working on ad-hoc?

“Even Delhi University’s 4,500 teachers have been protesting for regularisation. The same is the case of Jawaharlal Nehru University (JNU). A section of teachers of PU are misleading everybody that Central University status will get them huge funds, but these are false claims,” he said, adding that all political parties in Punjab should come together to save PU and permanently settle this matter.

Also read: Amid ‘Saffronisation’ Claims, Karnataka Govt Doubles Down on Textbook Syllabus Changes

PU teaching and non-teaching staff divided

The PU’s teaching and non-teaching staff stands clearly divided on the proposed move. While the non-teaching employees are strictly against this move, the teaching fraternity, further, stands divided.

Among the teachers, a section is in favour of the move whereas the rest are making two demands: First, to increase the retirement age of teachers to 65 years from the existing 60 years; and second, the implementation of 7th Pay Commission.

President of the Panjab University Teachers’ Association (PUTA), Mrityunjay Kumar said, “There is no doubt that PU Chandigarh is a historic varsity with its roots in Lahore, Pakistan. But what is the point of talking about legacy when there is no pay parity for teachers?”

“While Central Service Rules are applicable in Chandigarh UT, we have been left out of this benefit. Punjab government talks big but it has been contributing only Rs 42 crore to PU’s annual budget. The central government, on the other hand, is contributing Rs 250 crore annually and remaining Rs 200 crore revenue comes from the affiliated colleges of PU,” he continued.

Mrityunjay Kumar also said that PUTA held its general body meeting on May 4 where a consensus was reached that there was ‘no need for Central University status for PU’.

“But if the Punjab government is serious, then it should streamline its education policy, increase the retirement age to 65 and give us 7th Pay Commission. Only then can they force the Union government to reconsider the move. We are working with different stakeholders and expect a meeting with government in this regard shortly,” he said.

On the other hand, president of the Panjab University Staff (Non-Teaching) Association, Honey Thakur wrote a letter to the Vice-President Venkiah Naidu and the PU chancellor on June 21, requesting the government “not to implement the Central Service Rules in respect of non-teaching employees of PU, Chandigarh’.

The association also attached the signatures of 2,112 non-teaching employees who do not want the Centre Service Rules to be implemented in PU.

“If PU, Chandigarh is converted into a Central University, non-teaching employees will suffer undue financial loss as the pay scales of the Central government are lower than those of the Punjab government, under which they were being governed,” Thakur said.

Thakur emphasised that the Union government cannot implement the Central Service Rules without getting the stakeholders – Punjab government and non-teaching employees – into confidence because, as per the existing rules, the Punjab government is also contributing towards the annual budget of the university, hence it has a stake in it.

Faculty members speak

Talking to The Wire, Kulwinder Singh, a faculty member of the University School of Business, PU, Chandigarh, said that a larger section of the teaching employees is in favour of the enhancement of the retirement age to 65 and the implementation of 7th pay commission.

He said that PU has 650 teachers, against the sanctioned strength of 1,368.

“Out of 650 only, 100 teachers were in favour of converting PU into a Central University. Recently, over 500 teachers sent their signatures to home minister Shah demanding the PU’s status not be changed. On the other hand, the 100 teachers who were in favour of the move were trying to convince other teachers to support their call,” he said.

On the ongoing move, Kulwinder Singh highlighted some key points about how it will be a huge loss for the university and for Punjab.

He said that PU will lose Rs 200 crore of its annual revenue which it earns from the 190 affiliated colleges in Punjab; the 2 lakh students in PU colleges will be forced to get affiliated with other state universities; Punjab’s share in the PU would be affected as Central Universities have a ‘board of governors’ instead of the senate; self-finance courses would be done away with; and admissions would be done on the basis of a pan-India examination, leaving students from Punjab, Himachal Pradesh and Haryana in the lurch.

“In the name of centralisation, it is sheer injustice with Punjab. Without the consent of Punjab, the central government cannot make any such decision,” he added.

Advocate Dyal Partap Singh Randhawa, a senate member,  said that PU’s standing should not be compromised because of petty politics.

“PU, Chandigarh is the fourth oldest institution of higher learning in the country, after the three presidency colleges of India. People had spent money from their own pockets to establish PU on the land of Punjab. It is the collective responsibility of the state and the central government to solve this issue. The Punjab government in particular has a direct role and should come forward to save PU,” Randhawa said.

History of Panjab University, Chandigarh

PU, Chandigarh is state and Union government funded university. One of the oldest universities of the country, it was founded in Lahore, the erstwhile capital of united Punjab and present-day Pakistan, on October 14, 1882.

Post Partition, the university was shifted from Lahore to Hoshiarpur, and then to Chandigarh, the present capital of Punjab. It was established on October 1, 1947. The university has 73 teaching and research departments, institutes and centres, besides four independent chairs for research.

The university has regional centres at Sri Muktsar Sahib, Ludhiana, Hoshiarpur and Kauni in Punjab. About 190 colleges of Punjab are affiliated with PU, Chandigarh.

Noted alumni of PU, Chandigarh include former Prime Minister Manmohan Singh; noted author Khushwant Singh; former external affairs minister Sushma Swaraj; Kalpana Chawla, the first Indian woman to go to space; Former IPS and Delhi L-G Kiran Bedi; businessman Sunil Bharti Mittal; Actress Gul Panag; BJP leader and Chandigarh MP Kirron Kher; and Olympic gold medallist Neeraj Chopra, to name a few.

Punjab: Has AAP Violated Constitutional Provision by Having Just 11 Ministers?

According to Article 164 (1A) of the constitution, the minimum size of the cabinet has to be 12.

New Delhi: Even as the Aam Aadmi Party (AAP) party celebrates spreading its wings beyond Delhi, there is a possibility that the Bhagwant Mann-led government in Punjab has violated a constitutional provision by having less than 12 ministers in the cabinet.

On March 16, Bhagwant Mann was appointed as chief minister of Punjab by the governor, Banwarilal Purohit, through a notification and three days later 10 cabinet ministers were appointed. This brings the total members of the cabinet to 11, one less than the number recommended by Article 164(1A) of the constitution.

In the past too there have been several instances of governments with less than 12 ministers being formed and the matter had even reached the Supreme Court. However, the matter is in a legal ‘grey area’.

Incidentally, the constitution was amended in 2003 to put a cap on the number of members in a council of ministers to prevent the creation of “jumbo ministries”. Article 164(1A) then provided that “the total number of ministers, including the CM, in the council of ministers in a state shall not exceed 15% of the total number of members of the legislative assembly of that state”. However, it added a proviso, stating “the number of ministers, including the chief minister, in a state shall not be less than 12”.

This led to a peculiar problem, particularly with states that were not creating jumbo ministries but were rather trying to trim the size of their cabinets.

In 2008, a public interest litigation was filed in the Supreme Court by one Virender Kumar who accused the Himachal Pradesh chief minister Prem Kumar Dhumal of breaching Article 164 (1A) of the constitution by having a 10-member council of ministers, including the CM.

The matter was heard by a bench headed by then Chief Justice of India K.G. Balakrishnan. The petitioner submitted that successive chief ministers of the state had violated the constitutional provision on the minimum size of the council of ministers.

The Bench had observed that the Constitution 91st Amendment Act, 2003, was enacted to put a limit on the huge expenditure incurred by states because of jumbo cabinets. “The intention was to reduce pressure on the state exchequer,” it said.

Further, the bench, while asking the petitioner, “Why do you want to burden the state?” It added, “If it was a case that the CM was having only 2-3 ministers in his council of ministers, then there could be some merit in the case. But, in this case, the CM has the assistance of nine ministers.”

Though the apex court had in May 2008 observed that there is no violation of the law if a council of ministers has fewer members than the lower limit, it had not issued an order to the effect.

“This remains a grey area. There is no order of the Supreme Court which strikes down the constitutional provision that provides for having at least 12 ministers. We hope that there is soon clarity on this subject,” said Punjab and Haryana high court advocate Hemant Kumar, who has written to Mann and Purohit about a similar violation in Punjab now.

In his letter, Kumar has pointed out that only a total of 11 ministers, including the chief minister, have been sworn in by the Punjab government. This includes Bhagwant Mann as chief minister, and Harpal Singh Cheema, Baljit Kaur, Harbhajan Singh, Vijay Singla, Lal Chand, Gurmeet Singh Meet Hayer, Kuldeep Singh Dhaliwal, Laljit Singh Bhullar, Bram Shanker and Harjot Singh Bains as cabinet ministers.

Referring to Article 164 (1A), the advocate activist said it uses the word “shall” and not “may” and therefore it was compulsory or mandatory that the total strength of the Council of Ministers in every state (including Punjab) at any given point of time should not be less than 12.

Kumar added that there has also been no authoritative judicial pronouncement or any reportable judgment which may act as a binding precedent on this matter at any given point of time.

He said in the case of Punjab, the council of ministers has an upper limit of 18 ministers – which is derived by rounding up 15% of the 117, the total MLAs in the house.

Kumar said, therefore, the ministry size should be increased to 12 at the earliest so that it “assumes constitutional sanctity”.

Punjab: Ten AAP MLAs Sworn in As Ministers

Governor Banwarilal Purohit administered the oath of office and secrecy to the ministers at Punjab Bhawan. Among the 10, eight are first-time MLAs.

New Delhi: Ten Aam Aadmi Party (AAP) MLAs were inducted into the Bhagwant Mann-led Punjab cabinet in Chandigarh on Saturday, with just one woman making the cut.

Governor Banwarilal Purohit administered the oath of office and secrecy to the ministers at Punjab Bhawan. Among the 10, eight are first-time MLAs. All of them took the oath in Punjabi.

Harpal Singh Cheema, Harbhajan Singh, Dr Vijay Singla, Lal Chand, Gurmeet Singh Meet Hayer, Kuldeep Singh Dhaliwal, Laljit Singh Bhullar, Bram Shanker Jimpa, Harjot Singh Bains and Dr Baljit Kaur, the lone woman in the cabinet, were administered the oath.

Harpal Singh Cheema was the leader of the opposition in the previous Punjab assembly and is a second-time MLA from AAP.

There are 18 berths in the cabinet, including the chief minister.

The AAP bagged 92 seats in the 117-member Punjab assembly, decimating the Congress, the Shiromani Akali Dal-Bahujan Samaj Party combine, and the BJP-Punjab Lok Congress-SAD (Sanyukt) alliance.

Governor Purohit had on Wednesday administered the oath of office and secrecy to Bhagwant Mann, who was sworn in as chief minister at Khatkar Kalan, the ancestral village of freedom fighter Bhagat Singh.

In the cabinet, the party gave representation to five MLAs from Malwa, four from Majha and one from the Doaba region.

It has accommodated four MLAs who represent reserved constituencies – Dirba, Jandiala, Malout and Bhoa. Besides, four are Jat Sikhs and two are Hindus.

However, the AAP MLAs who defeated stalwarts – including Congress’ Charanjit Singh Channi, Navjot Singh Sidhu, SAD’s Parkash Singh Badal and Sukhbir Singh Badal and Punjab Lok Congress chief Amarinder Singh – did not find a place in the cabinet.

Congratulating all the newly inducted ministers, Mann tweeted, “Today the new cabinet of Punjab took the oath and at the same time pledged to fulfil the expectations of the people. Congratulations to all the new ministers. We have to work together with full sincerity for the three crore people of Punjab.”

Mann had announced the names of MLAs who will be inducted into the cabinet on Friday.

Of the cabinet members, Harpal Singh Cheema is a two-time legislator from Dirba and the party’s Dalit face. Cheema, 47, had been the Leader of the Opposition in the previous assembly.

An advocate by profession, he defeated Shiromani Akali Dal candidate Gulzar Singh Moonak from the Dirba assembly seat.

Two-time Barnala MLA Gurmeet Singh Meet Hayer is the president of the AAP’s youth wing. Hayer, 32, defeated SAD nominee Kulwant Singh Keetu. He has done B.Tech from Swami Vivekanand Institute of Engineering and Technology in 2012.

Dr Baljit Kaur, 46, who won from Malout seat, is an eye surgeon. The daughter of former AAP MP Sadhu Singh had joined the party after resigning from her job at Muktsar civil hospital.

During poll meetings, she had even examined eye patients. She has done MS in ophthalmology from Baba Farid University of Health Sciences in 2010.

Dr Vijay Singla, 52, won from Mansa seat after defeating popular Punjabi singer and Congress candidate from Mansa Shubhdeep Singh Sidhu Moosewala. Singla is a dental surgeon.

Lal Chand Kataruchakk, 51, got elected from the Bhoa seat in Pathankot defeating Congress’ Joginder Pal. Kataruchakk, a matriculate, and who calls himself a social worker, was also president of the AAP’s SC wing.

Kuldeep Singh Dhaliwal, 60, was elected from the Ajnala assembly seat. A matriculate, Dhaliwal defeated SAD candidate Amarpal Singh.

According to his poll affidavit, Dhaliwal was booked in 2019 at Rajasansi police station in Amritsar under various sections including 302 (murder) of the IPC but his arrest was stayed by the Punjab and Haryana High Court.

Thirty-one-year-old Harjot Bains who was elected from Anandpur Sahib was the youngest among 10 ministers. An advocate by profession, he had unsuccessfully contested from the Sahnewal assembly seat in 2017.

He has a certificate in international human rights law from the London School of Economics.

Laljit Singh Bhullar, 40, was elected from the Patti seat. He defeated political stalwart Adesh Partap Singh Kairon who is the son-in-law of former chief minister Parkash Singh Badal.

An agriculturist, Bhullar had done senior secondary in 1999.

Harbhajan Singh, 53, won from Jandiala seat against Punjab Congress working president Sukhwinder Singh Danny. He has been an excise and taxation officer.

He had unsuccessfully contested from Jandiala seat in 2017.

Another cabinet member Bram Shanker Jimpa, 56, was elected from the Hoshiarpur seat after he defeated former minister and Congress nominee Sunder Sham Arora. Jimpa, a class 12 pass, has been a councillor.

(With PTI inputs)

‘Punjab Governor Hasn’t Taken Proper Oath Since Assuming Office,’ Alleges Lawyer

Although Banwarilal Purohit was administered the oath of office as acting governor, he has not taken oath after being made regular governor of the state.

New Delhi: A practising lawyer of the Punjab and Haryana high court has alleged that Punjab governor Banwarilal Purohit has still not been administered a proper oath as per the constitution in spite of the fact that he was appointed to the post on September 9.

Purohit, who was earlier governor of Tamil Nadu, had been appointed to discharge the functions as governor of Punjab in addition to his own duties on August 27.

In a representation, advocate Hemant Kumar has stated that the oath Purohit took as acting governor when he was given the additional charge of Punjab was distinctly different from that which is administered when a governor gets full charge of a state.

Speaking to The Wire, he said, the discrepancy appears to have arisen because this was one of those rare cases where an acting governor was subsequently given a regular post. He said, usually, a different person is chosen as a regular governor of a state instead of the post going to an acting one.

Referring to the provisions of the constitution with respect to the oath, Kumar said on August 27, the President of India appointed Purohit, then governor of Tamil Nadu, to discharge the functions as the governor of Punjab, in addition to his own duties until regular arrangements were made.

In pursuance of this order, he said, the Chief Justice of Punjab and Haryana high court, Justice Ravi Shankar Jha administered the oath to Banwarilal Purohit as (acting) governor of Punjab on August 31, 2021.

Quoting from Article 159 of Constitution of India, Kumar said with respect to “oath or affirmation by the governor”, it lays down that “every governor and every person discharging the functions of the governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior-most judge of that Court available, an oath or affirmation in the following form,” that is to say —

“I, A.B., do swear in the name of God/solemnly affirm________________ that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ……… (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …………. (name of the State).”

As such, Kumar said, Purohit took the oath as acting governor while reading that he will faithfully discharge the functions of the governor of Punjab.

The advocate, then referred to how two months ago, on July 15, 2021 when Chief Justice of Punjab and Haryana high court, Justice Ravi Shankar Jha, had administered oath to Bandaru Dattatreya as governor of Haryana, the latter in his oath had read that he will faithfully execute the office of governor of Haryana.

Thus, he said, it becomes crystal clear that when a person takes over as regular governor of a state, he while taking oath or affirmation reads that he or she will faithfully execute the office of governor of that state. On the other hand, when a person takes over as acting governor of a state, he or she while taking oath or affirmation, avows to faithfully discharge the functions of the governor of the given state.

Explaining that “the difference in both the oaths or affirmations is also substantiated when one reads the text of Article 159 of Constitution of India since the words ‘or discharge the functions of the Governor’ are written in the bracket after the words ‘execute the office of Governor’,” Kumar hoped that suitable action would be initiated to ensure adherence to the constitutional norms.