The Supreme Court has directed the Puducherry government not to implement decisions having financial implications which could be taken during the Cabinet meetings.
This direction comes after Centre and Puducherry Lieutenant Governor (LG) filed a plea seeking to maintain the status quo that existed before the Madras High Court order.
Recently,Madras High Court had ruled that LG does not have the powers to interfere or act independently in the day-to-day affairs of the elected government.
In matters of finance,administration and service matters,the High Court had said that LG could only act on the advice of the council of ministers.
The Madras High Court order had effectively dismissed a clarification issued by the Home Ministry in 2017 which had said that the lieutenant governor has powers to act independently and is not bound by the council of ministers.
The Puducherry legislature was created through a parliamentary law, based on an enabling provision in Article 239A of the Constitution.
The Government of Union Territories Act,1963 provides for a Legislative Assembly of Puducherry with a Council of Ministers to govern the Union Territory of Pondicherry.The same Act also says that the UT will be administered by the President of India through an Administrator(LG).
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