Puducherry And The Role Of LG

• 02 May 2019

Why is it in News?

The Madras High Court has opined that Lieutenant Governor (LG) cannot interfere in day to day affairs of the government.

Some Background:

• Article 239 of Indian Constitution deals with the administration of a Union Territory.
• Article 239A deals with the administration of Puducherry.
• Article 239AA deals with the administration of Delhi.

What was the Issue between the CM of Puducherry & LG?

CM of Puducherry complained that the LG is running a parallel government which is an insult to the people of Puducherry, as democratically elected government is being considered as an outcaste by the LG office and her secretariat.

Are the Constitutional Provisions for Delhi & Puducherry the Same?

No, Puducherry Assembly has power to legislate on all the matters while Legislative Assembly of Delhi can legislate on all the matters except- Land, Police and Public Order. So, Puducherry Assembly has more powers as compared to the Delhi Legislative Assembly.

Salient Points of Madras High Court Judgment:

• LG is a nominal head only.
• There exists the supremacy of legislature over the LG of Puducherry.
• Government secretaries and officials shall take order and report to Chief Minister and not the LG in day to day affairs.
• LG cannot promulgate an ordinance against the wishes of the Council of Ministers of Puducherry.

Governance of Union Territory (UT):

Chief Minister and his Council of Ministers (COM) are appointed by the President.

In matters of difference of opinion between LG & COM, LG shall refer the matter to the President and act accordingly.

In matters of concurrence of opinion between LG & COM, LG shall proceed as per the advice of Council of Ministers.

CM of UT is appointed by the President and not the Lieutenant Governor.

Source: TH, IE