LG of Puducherry/UTs

LG of Puducherry/UTs

Subject: Polity

Context: Kiran Bedi was removed as the Lieutenant-Governor of Puducherry with the Telangana governor taking additional charge of the UT.

Concept:

Constitutional provisions

• Article 239 in The Constitution of India 1949 provides for every Union territory to be administered by the President by an administrator appointed by him, save as otherwise provided by Parliament by law.
• Art 239 A says that Parliament may by law create for the Union territory of Puducherry —

1. a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
2. a Council of Ministers,

• On the other hand, Article 239 AA talks about the powers and functions of Delhi government and Lieutenant Governor specifically.

More about LG

• The Government of Union Territories Act, 1963 provides for administration of Union Territory (UT) by the President through an administrator (In case of Pondicherry it is Lieutenant-Governor).
• The act also provides for a legislative assembly with a council of minister to govern the “UT of Pondicherry”.
• The act in section 44 talks of the aid and advice of CoM to 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
• Section 44 says that 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
• The act also provides for discretion of LGs which is significantly more compare to governors in state. Section 22 of the Act provides for prior sanction of the Administrator is required for certain legislative proposals
• The act provides for the elected govt to take 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.
• Options before the LG: 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 Rules of Business of the Government of Pondicherry, 1963 also provides for how the LG should function w.r.t elected govt.

LG of Delhi vs LG of Pondicherry

• The LG of the Delhi has executive functions w.r.t Police, public order and land unlike the LG of the Pondicherry.
• 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.