Chandigarh: Punjab Governor Banwarilal Purohit Friday warned state Chief Minister Bhagwant Mann that he would write to the President of India under Article 356 of the Constitution about the “failure of Constitutional mechanism” in the state in case the chief minister continued to ignore his demands for information regarding the working of the Mann government. Article 356 provides for the imposition of President’s Rule in a state.
In a four-page, strongly worded letter addressed to the Chief Minister, Purohit pointed out that he had “reason to believe that there was a failure of constitutional machinery in the state” as the chief minister was acting in “dereliction of his constitutional duties”.
In the letter released by the Raj Bhavan, Purohit further wrote that Mann not only “appears to be deliberately refusing” to give the information asked by him, but was also “exhibiting absence of grace and decorum”, making “unnecessary and unwarranted” observations against him. He warned Mann that he could also initiate criminal action against Mann for trying to restrain him from functioning.
Seeking fresh information regarding the steps taken by the man government in curbing rampant alleged drug abuse in the state, the governor concluded with a strong warning.
“Before I am going to take final decision regarding sending a report to the President of India under Article 356 about the failure of the constitutional mechanism and take a decision about initiating criminal proceeding under section 124 of the IPC [Indian Penal Code], I ask you to send me the requisite information sought for under my letters referred to above as also in the matter of steps taken by you concerning the problem of drugs in the state, failing which I would have no choice but to take action according to law and the constitution,” he wrote.
Purohit and Mann have been on a warpath for several months now. While Purohit has been demanding information regarding the functioning of the Aam Aadmi Party (AAP) government in Punjab, Mann has dug his heels in, saying that the governor was acting as an agent of the Bharatiya Janata Party (BJP) government at the Centre. Mann has also previously hit out at the governor on the social media platform X (previously Twitter), and ridiculed him during a speech in the Vidhan Sabha.
Responding to the governor’s Friday letter, AAP Punjab chief spokesperson Malvinder Singh Kang told news agency ANI that the “governor should maintain a decorum. India’s Constitution empowers elected people…”.
He added: Such threatening and warning by the governor, threat to impose President’s Rule — BJP’s agenda has come on the lips of the governor. I would like to tell the governor that if they want to impose President’s Rule, they should do that in Manipur, in Haryana [a probable reference to the ethnic and communal clashes, respectively, in the two states]. Punjab government is working within the constitutional framework. Governor has just one agenda — taking forward BJP’s agenda of disturbing non-BJP state governments…Governor is working like a BJP spokesperson. This is against the democratic and constitutional principles of the country…”.
ThePrint has also reached the chief minister’s office for comment on the governor’s letter, the report will be updated once a response is received.
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Latest in series of Purohit’s letters to Mann
The governor’s Friday letter is the latest in a series of letters written by Purohit to the chief minister in the past six months.
“I am once again constrained to write to you in connection with my correspondence dated 1st August 2023. In spite of these letters you have still not given the information sought by me. It appears that you are deliberately refusing to give the information asked for by me,” wrote the governor.
“I regret to note here that in spite of the clear provisions of Article 167 of the Constitution of India which makes it mandatory for the chief minister to furnish all such information related to the administration of affairs of the state as the governor may call for, you have failed to supply the information sought by me,” wrote Purohit in his letter.
He added: “Far from supplying the information sought by me, you have exhibited an absence of grace and decorum when you proceeded to make unnecessary and unwarranted observations demonstrating what may only be described as extreme animosity and personal prejudice against me personally as also the office of the governor.”
The Punjab governor further wrote, “…through your derogatory remarks you have attempted to restrain me from exercising the lawful powers conferred on me under Article 167 of the Constitution. Should I choose to do so, such action may also provide grounds for action under section 124 of the Indian Penal Code [IPC].”
Section 124 of the IPC deals with assaulting a president or governor with intent to compel or restrain the exercise of any lawful power. It is a cognizable, non-bailable offence that can invite a punishment of seven years’ confinement and a fine.
Referring to a Supreme Court order in February that had advised that constitutional dialogue between the Purohit and Mann should be done with “matured statesmanship”, Purohit wrote: “Not furnishing the information which was sought by the governor would be plainly in dereliction of the constitutional duty which is imposed on the chief minister in terms of article 167(b). This behaviour shows that you have not only disobeyed the provisions of the Constitution of India but have acted in a manner that may be described as being contemptuous of the Hon’ble Supreme Court by repeatedly and intentionally disobeying and disrespecting the Supreme Court of India’s observations”.
He added: “In the light of the Hon’ble Supreme Court’s observations as to what would constitute the dereliction of constitutional duty in terms of article 167 (b) I am pained to point out that there is reason to believe that there is failure of the constitutional machinery in the state.”
“Bound as I am by the duty placed on the governor under the Constitution to see that the administration is carried on a level which would be regarded as good, efficient, impartial and honest and that the proposals enunciated by the government are not contrary to the law of the land, I have [to] therefore advise you, warn you and ask you to respond to my letters and give me the information sought by me,” wrote the governor.
(Edited by Poulomi Banerjee)
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