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Liet Governor

SPECIAL POWERS OF LT. GOVERNOR

What’s in news?

The Madras High Court curtails powers of Puducherry LG, asks Kiran Bedi not to interfere in govt affairs.

Key data’s:

  • In a relief to Puducherry Chief Minister V Narayanasamy, the Madras High Court has curtailed some of the powers of Lieutenant Governor (LG) Kiran Bedi.
  • The Madras High Court said LG Kiran Bedi, does not have the power to interfere in the day-to-day activities of the union territory.
  • The Lieutenant Governor also doesn’t have the right to seek any government documents from the Puducherry government.
  • With this judgement, it’s clear that, all powers regarding the administration are with the democratically elected government.

Background:

  • Development of Puducherry was hindered for the last three years because of the face-off’s between the powers of LG and the CM.
  • A writ petition was filed by Puducherry Congress MLA Lakshminarayanan in 2017 questioning Puducherry Lieutenant Governor’s powers to interfere in day-to-day administration of the union territory despite the presence of a council of ministers.
  • Puducherry Chief Minister V Narayanasamy had earlier accused Kiran Bedi of working on orders of the Centre to disrupt the functioning of his government.

Article 239:

As per this article;

  • The Union Territories are administered by the President through an administrator, who is appointed by him with a suitable designation.
  • This designation is called either Lieutenant Governor or Chief Commissioner or Administrator.
  • In Andaman & Nicobar Islands, Puducherry and Delhi, administrator is called Lt. Governor, while in Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep he/she is known as Administrator.
  • The President may appoint a Governor of an adjoining state as administrator of a Union territory. In such case the Governor works independently with regard to the administration of the Union Territory.

Article 239A:

As per this article;

  • Power to decide the structure of administration in the UT is vested in Parliament. Parliament was empowered to create a legislature or council of ministers or both for a Union Territory via Constitution (Fourteenth Amendment) Act, 1962 by inserting Article 239A. Using this article legislature of Puducherry was established.

Powers  and functions of the LG of Puducherry Vs. LG of Delhi:

Functions:

The LG of Delhi enjoys greater powers than the LG of Puducherry. The LG of Delhi has “Executive Functions” that allow him to exercise his powers in matters connected to public order, police and land “in consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution”.

Source of power:

While the LG of Delhi is also guided by the Government of National Capital Territory of Delhi Act, 1991, and the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, the LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963.

Role of LG:

Articles 239 and 239AA of the Constitution, as well as the Government of National Capital Territory of Delhi Act, 1991, clearly underline that Delhi is a UT, where the Centre, whose eyes and ears are the LG, has a much more prominent role than in Puducherry.

Legislative powers:

Under the constitutional scheme, the Delhi Assembly has the power to legislate on all subjects except law and order and land.

However, the Puducherry Assembly can legislate on any issue under the Concurrent and State Lists.

However, if the law is in conflict with a law passed by Parliament, the law passed by Parliament prevails.

But like the AAP government in Delhi, the Congress government in Puducherry too can do little but watch helplessly if the LG appointed by the Centre starts making life difficult for it.

https://www.iasipstnpsc.in/pondicherry-shark/

https://www.indiatoday.in/india/story/kiran-bedi-power-puducherry-narayanasamy-high-court-1513399-2019-04-30

http://www.uniindia.com/narayanasamy-lt-governor-do-not-have-any-special-powers-should-cooperate-with-elected-govt/south/news/1581244.html

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