Case Comment: State Of Punjab V/S Principal Secretary To The Governor Of Punjab And Another

Alsafa Ummer, LLM, School of Legal Studies, CUSAT

WRIT PETITION (CIVIL) NO. 1224 OF 2023Decided on: 10/11/2023HON’BLE SUPREME COURT OF INDIACorum: Dr. Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

ABSTRACT

The case of State of Punjab v. Principal Secretary to the Governor of Punjab and Another presents a significant legal dispute regarding the powers vested in the Governor of a state under the Indian Constitution. The dispute arose from the exercise of executive authority by the Governor and the limits of his discretion in the context of administrative decisions. The case raises crucial questions about the separation of powers between the Governor and the state and the extent of the Governor's power in withholding the bills passed by the Legislative assembly.

This case comment aims to analyze the court's decision on the role of the Governor in the state's governance within the constitutional framework of India. It examines the court's interpretation of constitutional provision, Article 200, in reaching its decision. Furthermore, the comment explores the necessity of court intervention in the conflict between the Governor and the state and the potential impact of this judgment on future cases involving similar issues of executive authority and administrative discretion.

The analysis of this case seeks to contribute to the ongoing discourse on the Governor's constitutional powers and the broader implications for the functioning of India's democratic institutions. It also aims to provide insights into the evolving jurisprudence surrounding the court's interpretation and application of constitutional provisions to ensure the proper functioning of the state.

Keywords: Governor, Article 200, Federalism, Speaker