|Demand of the question |
Introduction. Write a contextual introduction.
Body. Various powers and sources of LG of Puducherry. Compare with powers of LG of Delhi.
Conclusion. Way forward.
Government of Union Territories Act, 1963 provides for a Legislative Assembly of Pondicherry, with a Council of Ministers to govern the “Union Territory of Pondicherry”. It states that the UT will be administered by the President of India through an Administrator (Lieutenant Governor).
What are the powers and sources of LG of Puducherry?
- Discretion: Section 44 of the Union Territories Act, 1963, allows the LG to “act in his discretion” in the matter of lawmaking, even though the Council of Ministers has the task of aiding and advising him. In case of a difference of opinion between the LG and his Ministers on any matter, the Administrator is bound to refer it to the President for a decision and act according to the decision given by the President. However, the Administrator can also claim that the matter is urgent, and take immediate action as he deems necessary.
- Mandatory Prior sanction- Under Section 22 of the Act, prior sanction of the Administrator is required for certain legislative proposals. These include Bills or amendments that the Council of Ministers intends to move in the Legislative Assembly, and which deal with the “constitution and organisation of the court of the Judicial Commissioner”, and “jurisdiction and powers of the court of the Judicial Commissioner with respect to any of the matters in the State List or the Concurrent List”.
- Obligatory provisions: Section 23 of the Act also makes it obligatory on the part of the UT government to seek the “recommendation” of the LG before moving a Bill or an amendment 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”, and anything that has to do with the Consolidated Fund of the UT.
- Veto powers- Once the Assembly has passed a Bill, the LG can either grant or withhold his assent; or reserve it for the consideration of the President. He can also send it back to the Assembly for reconsideration.
- The manner in which the LG functions vis-à-vis the elected government (Council of Ministers) is also spelt out in the Rules of Business of the Government of Pondicherry, 1963, issued on June 22, 1963.
- Regulatory powers- Under Rule 47, which deals with persons serving in the UT government, the Administrator exercises powers regulating the conditions of service of such persons in consultation with the Chief Minister. In case the LG has a difference of opinion with the Chief Minister, he can refer the matter to the central government for the decision of the President.
- which deals with the Council of Ministers and its working, says the Council of Ministers headed by a Chief Minister will “aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union Territory has power to make laws”.
Comparison with powers of LG of Delhi:
|Powers of LG of Delhi||Powers of 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”.||The LG of Puducherry has no such “Executive Functions or powers”. Puducherry legislative assembly deals with all these matters.|
|LG of Delhi is guided by the Government of National Capital Territory of Delhi Act, 1991, the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, and Union Territories Act, 1963. Thus the LG of Delhi enjoys greater powers than the LG of Puducherry.||LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963 and provisions under it. Thus it’s power are limited.|
|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.||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.|
|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.|
|Under the constitutional scheme, the Delhi Assembly has the power to legislate on all subjects except law and order and land.||The Puducherry Assembly can legislate on any issue under the Concurrent and State Lists|
The Central government as well as the Administrator should be true to the concept of democratic principles. Otherwise, the constitutional scheme of the country of being democratic and republic would be defeated.