CHANDIGARH: Punjab Congress delegation led by its president Amarinder Singh Raja Warring and the Congress Legislative Party leader Partap Singh Bajwa today met the Governor Banwari Lal Purohit and submitted two separate memoranda to him seeking rejection of the ‘Knowledge Sharing Agreement’ with Delhi and expressing concern over the deteriorating law and order situation in the state.
Briefing reporters after submitting the memoranda, the PCC president Warring and the CLP leader Bajwa said, the Governor told the delegation that while he did not interfere in the functioning of the government, but in case of any violation of the constitution he will take necessary measures.
The memorandum said, “the ‘Knowledge Sharing Agreement’ executed between the State of Punjab and the Government of NCT of Delhi signed by their respective Chief Ministers i.e. Sh. Bhagwant Mann and Sh. Arvind Kejriwal…is per se illegal and void ab initio because both the signatories i.e. Chief Ministers of both the States have no inherent power as per the provisions of the Constitution of India to enter into such agreement without due deliberation by the Council of Ministers of their respective States and without prior approval of the Hon’ble Governor of the State of Punjab as well as of the Lt. Governor of NCT Delhi”.
It said, since this agreement has been executed and signed by both the Chief Ministers at their own level, it can’t be termed as lawful in any way.
Asserting that Chief Minister of Punjab had committed an illegality under Article 154 of the constitution, the memorandum quoted the Constitution, saying, “The Executive Power of the State shall be vested in the Governor & shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution”.
The memorandum also quoted various articles and sections of the constitution challenging the legality of the Knowledge Sharing Agreement.
All orders or instruments made or executed by or on behalf of the Government of the State of Punjab shall be expressed to be made or executed in the name of the Governor, it added.
Maintaining that Delhi CM also did not have any authority to sign the agreement, the memorandum said, “the Ministry of Law & Justice, Government of India vide notification dated 28 March 2021 has amended The Govt. of National Territory of Delhi Act 1991, wherein Section 21 of the 1991 Act has been amended and sub – section – 3 has been inserted which stipulates that the expression “Government” referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor of Delhi.
Thus, the memorandum added, the Government of NCT Delhi means Lt. Governor of Delhi and not the Chief Minister of NCT Delhi. Meaning thereby the Chief Minister of NCT Delhi is not legally empowered to sign any agreement or instrument on the behalf of the Government of NCT Delhi.
“So, we on behalf of the Punjab Pradesh Congress Committee, Punjab and Congress Legislative Party, Punjab Vidhan Sabha seek your excellence’s kind indulgence in the matter for terminating/quashing of the above illegal Knowledge Sharing Agreement”, the PCC demanded.
Another memorandum sought the Governor’s attention towards the alarming deterioration of law and order situation in Punjab. “Murders, loot and robbery have become norm of the day. Criminals are going scot-free and they do not have any fear of law. The incumbent government headed by Chief Minister Bhagwant Mann seems to have no clue about what is happening in the state. Moreover they are busy somewhere else and with things that are not remotely concerned with the state”, it said.