POWER SHIFT: ON TUSSLE BETWEEN PUDUCHERRY LT. GOVERNOR AND CHIEF MINISTER
02, May 2019
Prelims level : Polity & Governance Mains level : Governance, Constitution, Polity, Social Justice and International Relations
Why in News:
- Inspired by the ruling on Delhi, the Madras HC bats in favour of elected regime in Puducherry
- The Madras High Court verdict that the Lieutenant Governor of Puducherry should not interfere in the day-to-day
- administration of the Union Territory is a serious setback to the incumbent Administrator The court has laid down that “the decision taken by the Council of Ministers and the Chief Minister is binding on the Secretaries and other officials.”
- The judgment is based mainly on the principles that were laid down in last year’s Constitution Bench decision on the conflict between the elected regime in the National Capital Territory (NCT) and its Lt. Governor. The five-judge Bench had ruled that the L-G has to either act on the ‘aid and advice’ of the Council of Ministers, or refer to the President for a decision any matter on which there is a difference with the Ministry, but has no independent decision-making powers
- The High Court also says the Administrator is bound by the ‘aid and advice’ clause in matters over which the Assembly is competent to enact laws
- The Puducherry legislature is the creation of a parliamentary law, based on an enabling provision in Article 239A of the Constitution, whereas the NCT legislature has been created by the Constitution itself under Article 239AA. In the event that the latest judgment is taken up on appeal, a key question may be how far the decision of the five-judge Bench on the limits of the Delhi L-G’s powers would indeed apply to Puducherry
- Creation of local Legislatures or Council of Ministers or both for certain Union territories Parliament may by law create for the Union territory of Pondicherry
- a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
- 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.