Reconvening A Sitting Of Vidhan Sabha Which Isn’t Prorogued Permissible In Law & Within Exclusive Domain Of Speaker: Supreme Court
Case: The State Of Punjab v Principal Secretary To The Governor Of Punjab And Anr.
Coram: CJI Dr Dhananjaya Y Chandrachud, Justice J.B Pardiwala and Justice Manoj Misra
Case No.: W.P.(C) No. 1224/2023
Court Observation: This implicitly recognizes that there may be more than one sitting of the legislature comprised in one session. Similar provisions have been made in relation to Parliament under Article 85 of the Constitution.
By way of illustration, to name a few, the Rules of Procedure for the State Legislatures of Rajasthan, Haryana, Tamil Nadu, Kerala, and West Bengal expressly permit the Speaker to call a sitting of the House any time after it has been adjourned. A similar provision is also contained in the first proviso to Rule 15(1) of the Rules of Procedure and Conduct of Business in Lok Sabha.
The Constitution and established legislative practice distinguish between adjournment sine die and prorogation of the session of the House. In the case before us the Vidhan Sabha was adjourned on 22 March 2023 without prorogation. Therefore, the Speaker was empowered to reconvene the sittings of the House within the same session.
“Even when an adjournment takes place the Speaker is entrusted in public interest to call a meeting of the Vidhan Sabha before the date to which it has been adjourned.”
“Further, the Speaker was empowered as the sole custodian of the proceedings of the House to adjourn and reconvene the House,”
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Keywords
Reconvening A Sitting Of Vidhan Sabha, Supreme Court
