A Study on Puducherry and the Role of LG

The Madras High Court ruled that the Lieutenant-Governor (L-G) of Puducherry could not interfere with the Union Territory’s day-to-day administration while an elected government was in place. The Chief Minister of Puducherry has complained that the LG is running a parallel government, which is an insult to Puducherry’s people because the democratically elected government is treated as an outcast by the LG office and her secretariat. The Puducherry Assembly has the authority to legislate on all issues, whereas the Delhi Legislative Assembly has the authority to legislate on all issues except land, police, and public order. Let’s see what is LG and the background about Puducherry and LG.

What is LG (Lieutenant Governor)

A lieutenant governor, lieutenant governor, or vice governor is a high officer of state whose role and rank vary depending on the jurisdiction. A lieutenant-governor is frequently the deputy, or lieutenant, to or ranked below a governor — a “second-in-command,” similar to a deputy governor. In Canadian provinces or the Dutch Caribbean, the lieutenant governor is the monarch’s representative in that jurisdiction.

Lieutenant governors are usually second-in-command to state governors in the United States, and the actual power held by the lieutenant governor varies greatly from state to state. When the governor leaves the state or can’t serve, the lieutenant governor is often first in a line of succession to the governorship. Furthermore, the lieutenant governor is frequently the president of the state senate.

Background about Puducherry and LG

The CM of Puducherry has complained that the LG is running a parallel government, which is an insult to the people of Puducherry because the democratically elected government is treated as an outcast by the LG office and her secretariat.

Some context:

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

The following are the court’s key observations

• Both the central government and the Administrator [the term used in the Constitution to refer to the L-G] must adhere to democratic principles. Otherwise, the country’s constitutional scheme of being democratic and republican would be defeated.
• Government secretaries were required to follow orders from Ministers and the Council of Ministers, led by the Chief Minister. The Puducherry administration’s government secretaries were required to report on all official matters to the Council of Ministers, chaired by the Chief Minister.
• In the case of the Union Territory of Puducherry, Article 239A represents the Legislature’s supremacy over the Administrator.
• The secretaries are not authorised to issue orders independently or on the Administrator’s instructions.
• Government officials are not permitted to participate in social media groups where the L-G is issuing instructions to redress public grievances. When it came to administrative issues, they were required by law to use only authorised modes of communication.

What is LG of Puducherry and its powers?

• The Government of Union Territories Act of 1963 established a Legislative Assembly of Pondicherry (as Puducherry was known at the time) with a Council of Ministers to govern the “Union Territory of Pondicherry.” According to the same Act, the UT will be administered by the President of India via an Administrator (LG).
• Once the Assembly has passed a bill, the LG can either grant or withhold his consent or reserve it for consideration by the President. He has the option of resubmitting it to the Assembly for reconsideration.
• The LG’s role in the elected government (Council of Ministers) is also outlined in the Rules of Business of the Government of Pondicherry, 1963, issued on June 22, 1963.
• Under Rule 47, which deals with people working for the UT government, the Administrator has the authority to regulate their working conditions in consultation with the Chief Minister. If the LG disagrees with the Chief Minister, he can refer the matter to the central government for the president’s decision.
• Section 23 of the Act also requires the UT government to seek the “recommendation” of the LG before introducing a Bill or amending the law to provide for “the imposition, abolition, remission, alteration, or regulation of any tax,” “the amendment of the law with respect to any financial obligations undertaken or to be undertaken,” or anything relating to the UT’s Consolidated Fund.

Conclusion

The Madras High Court has stated that the Lieutenant Governor (LG) cannot meddle in the day-to-day operations of the government. The Puducherry Assembly has the authority to legislate on all issues. As a result, the Puducherry Assembly has more powers than the Other Legislative Assembly.

The main points of the Madras High Court’s decision are that 

• LG is only a fictitious head. 
• The legislature has supremacy over the LG of Puducherry. 
• In day-to-day affairs, government secretaries and officials must take orders and report to the Chief Minister, not the LG. 
• LG cannot issue an ordinance against the wishes of the Puducherry Council of Ministers.