From UPSC perspective, the following things are important :
Prelims level : LG: Powers and Functions
Mains level : LG of Puducherry vs. LG of Delhi
- The Madras High Court has that the Lieutenant-Governor (L-G) of Puducherry could not interfere with the day-to-day administration of the Union Territory when an elected government was in place.
- The court said incessant interference from the L-G would amount to running a “parallel government.”
What did the court say?
- The Central government as well as the Administrator [the term used in the Constitution to refer to the Lieutenant-Governor] 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 judge made it clear that government secretaries were bound to take instructions from the ministers concerned and the Council of Ministers, headed by the CM, besides reporting to them on official matters.
- The secretaries are not empowered to issue orders on their own or upon the instructions of the Administrator.
There lies a difference: Delhi and Puducherry
- The court also went on to point out the differences between the powers conferred on the legislatures of Puducherry and Delhi under Articles 239A and 239AA of the Constitution.
- The court said though Article 239AA imposes several restrictions on the legislature of Delhi, no such restrictions had been imposed explicitly in the case of Puducherry under Article 239A.
- 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.
LG of Puducherry Vs. LG of Delhi
- 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.
- 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.