Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art.174 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India – Art.174 – Governor addressed a communication (dated 13.02.2023) to the Chief Minister (CM) highlighting his concern on certain issues to which the CM had responded through a letter and a ’tweet’ (not furnished the relevant information sought) – The Governor noted that the CM in his correspondence underscored the mandate of Art. 167 of the Constitution as per which the CM is bound to furnish full details and information sought by the Governor – On 22.02.2023, the Council of Ministers of the Government of Punjab recommended the summoning of the Budget Session of the Vidhan Sabha on 03.03.2023 under Art. 174(1) – The Governor of Punjab addressed a communication to the CM, which referred to the prior exchange of correspondence between them and stated that only after taking legal advice on the prior exchange between them, he will take a decision on the recommendation – State filed a writ petition u/Art.32 on the inaction of the Governor in summoning the Assembly for the Budget Session – Held: In terms of the order dated 28.02.2023 (after the institution of petition), the Governor had summoned the Vidhan Sabha to meet for its Fourth (Budget) Session on 03.03.2023, thus the reliefs sought have been substantially fulfilled – Further, that there was no occasion to seek legal advice on whether or not the Budget Session of the Legislative Assembly should be convened, as per the constitutional provision the Governor was plainly bound by the advice tendered to him by the Council of Ministers.Constitution of India – Art. 167 – Scope of – Held: The Chief Minister has the duty to communicate and duty to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may require – The information that the Governor seeks under Art. 167 would enable them to effectively discharge their duties – The Chief Minister is required to discharge their duties under Art. 167 to enable the Governor to effectively discharge their duties stipulated in the Constitution. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 181 |
Petitioner | State Of Punjab |
Respondent | Principal Secretary To The Governor Of Punjab And Another |
SCR | [2023] 6 S.C.R. 532 |
Judgement Date | 2023-02-28 |
Case Number | 302 |
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