Explain the issue of parallel government that is recently witnessed between lieutenant – governor (L-G) and the elected government of a union territory (puducherry and Delhi

Structure of answer:

  • Introduction (Explain the background of the controversies).
  • Comparison between article 239A vs 239AA (say how it differs from Delhi and in that of puducherry)
  • Explain about recent Madras high court judgement.
  • Section 44 of the Government of Union territories act 1963.
  • Way forward.

Key points:

  • Madras high court Highlight – The Administrator of Puducherry (the term used in the Constitution to refer to the Lieutenant-Governor (L-G)) could not interfere with the day-to-day administration of the Union Territory when an elected government was in place as that amounts to running a “parallel government.”
  • Section 44: It states that there shall be a Council of Ministers in each UT to aid and advice the Administrator who shall act in his/her discretion only in so far as any ‘special responsibilities’ were concerned.
  • However, since the Act does not specify the ‘special responsibilities’ the Administrator and the Council of Ministers should leave the political differences apart to facilitate the smooth functioning of the government.
  • Article 239A:  Administration of Union Territories Creation of local Legislatures or Council of Ministers or both for certain Union Territories.
  • Article 239AA: of the Indian Constitution, enacted as per 69th Amendment Act of 191, confers special previsions for Delhi (National Capital Territory of Delhi). The union territory of delhi be called NCT (National Capital Territory) of Delhi, and will be under the Lieutenent Governor.
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