SC issues notice on plea against Madras HC order curbing Puducherry LG’s powers

THE HINDU

The High Court had held that ‘incessant’ interference from the LG would amount to running a “parallel government.”

New Delhi, 10 May: The Supreme Court on Friday issued notice on a plea by the Administrator, Union Territory of Puducherry, to stay a Madras High Court decision to curb the Lieutenant Governor’s (LG) powers to interfere in the day-to-day administration of the Union Territory, especially when an elected government is in place.

 

A Bench led by Chief Justice of India Ranjan Gogoi also issued notice to the various respondents in the appeal, including the State government.

 

Solicitor General Tushar Mehta said recently, “the governance has come to a standstill” after the High Court decision in April that held ‘incessant’ interference from the LG would amount to running a “parallel government.”

 

“The Central government as well as the Administrator [term used in the Constitution to refer to the LG] should be true to the concept of democratic principles. Otherwise, the constitutional scheme of the country of being democratic and republic would be defeated,” the High Court said.

Delhi legislature’s powers

The 150-page judgement distinguished the significant differences in the powers conferred on the legislatures of Puducherry and Delhi under Articles 239A and 239AA of the Constitution.

 

Unlike Article 239AA, which imposes several restrictions on the legislature of Delhi, no such restrictions had been imposed explicitly on Puducherry under Article 239A, the High Court held. “The above Article symbolises the supremacy of the Legislature above the Administrator in case of the Union Territory of Puducherry.”

 

The judgement held that government secretaries of the Puducherry administration were required to report to the Council of Ministers headed by the Chief Minister on all official matters.

 

The High Court also disapproved of the alleged practice of government officials being part of social media groups through which the LG was issuing instructions to them for redressal of public grievances, and reminded them that as per rules, they were bound to use only authorised medium of communication when it came to issues related to administration.

 

The judgement was delivered while allowing a petition filed by Congress MLA K. Lakshminarayanan in 2017, and quashing two clarifications issued by the Union Home Ministry that year with regard to the powers of the LG. It held that those communications had been issued without reference to the constitutional provisions and other laws.

 

The High Court dealt with the provisions of Rules of Business of the Government of Pondicherry, of 1963, the Delegation of Financial Powers Rules, 1978, the Government of Puducherry (Custody of Public Money) Rules, 2006, the Government of Puducherry Accounting Rules, 2006, and the periodical orders issued by the Centre.