The Madras High Court made a landmark decision stating that the Lieutenant-Governor (L-G) of Puducherry has no authority to interfere with the day-to-day functioning of the Union Territory when an elected government is present. Any constant interference from the L-G could equate to managing a “parallel government”. The court also highlighted that the Central government and L-G must adhere to the democratic principle of Separation of Power. Failure to do so could undermine the country’s constitutional scheme of being democratic and republican.
Differences in Powers of L-G of Puducherry and Delhi
Articles 239A and 239AA of the Constitution mark significant differences between the powers given to the legislatures of Puducherry and Delhi respectively. Both Delhi and Puducherry have elected legislatures and governments, however, the functions and powers held by their respective L-Gs differ. For instance, the L-G of Delhi holds more power than that of Puducherry, having been vested with “Executive Functions” allowing him to wield influence over matters related to public order, police, and land.
Legislative Differences
The Delhi Assembly under the constitution can legislate on all matters except law & order and land. On the other hand, the Puducherry Assembly can legislate on any issue included in the Concurrent and State Lists. However, it should be noted that if there is any conflict between a law passed by the Parliament and Puducherry Assembly, the former prevails. These legislative nuances are outlined in the Government of Union Territories Act, 1963 for Puducherry and the Government of National Capital Territory of Delhi Act, 1991 for Delhi.
A Look at the Delhi L-G’s Power
According to the Supreme Court, the L-G of Delhi has no “independent decision-making power”. His actions must be based on the aid and advice of the elected government. He is expected to work harmoniously with the ministers, not aiming to resist them at every step.
Different Laws Guiding the Functioning of L-Gs in Puducherry and Delhi
| Puducherry | Delhi |
|---|---|
| Government of Union Territories Act, 1963 | Government of National Capital Territory of Delhi Act, 1991 |
| Rules of Business of the Government of Pondicherry, 1963 | The Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 |
Complexities and Challenges in Establishing Separation of Power
While the recent judgement of the Madras High Court aids in establishing the separation of power, it also brings to light various complexities and challenges tied to the multiple forms of federalism and power-sharing arrangements that regulate relations between the Centre and its constituent units. A significant challenge moving forward is to unearth a solution that navigates these complexities and ensures the smooth functioning of the democratic system.
