02/05/2019 - Indian Polity

KEY POINTS

·        Inspired by the Supreme Court’s appeal to constitutional morality , the High Court has also reminded the Centre and the Administrator that they should be true to the concept of democratic principles.

·        The Madras High Court opined 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.

·        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 L-G’s power to refer any matter to the President to resolve differences should not mean “every matter”, the court has cautioned.

·        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.

·        At the same time, the NCT Assembly is limited in the extent of its legislative powers, as it is barred from dealing with the subjects of public order, police and land.

·        However, looking at the Business Rules as well as other statutory provisions on Puducherry, the judge has sought to give greater credence to the concept of a representative government.

Review