Allow Cookies!
By using our website, you agree to the use of cookies
In the petition filed by Puducherry MLA K Lakshminarayan, The Madras High Court Division Bench equated Puducherry to a ‘State’ and Lieutenant Governor to a Governor. High Court did not take up the consideration of the discretionary powers of the Lieutenant Governor of a Union Territory.
The High Court also held that, Section 44 of Government of Union Territories Act, 1962, stating that Administrator is bound by the ‘Aid and Advice’ of the Council of Ministers in matters where the Legislative Assembly is competent to enact law, though the section provided for the administrator to differ in views of the Council on fundamental issue of action of Government.
The Court upheld that Secretaries and other officials are bound by the decision of the Council, and cannot interfere in the day-to-day administration of elected government. Such interference of one Constitutional Body into another will affect the Doctrine of Separation of powers, which is one of the Golden Threads of the Constitution of India.
Puducherry Lieutenant Governor Kiran Bedi has filed an application to Supreme Court, seeking an order against the Madras High Court judgement, on April 30, 2019. The application also stated that the CM of Puducherry, issued an administrative order, contrary to rules of Business of Union Territory. It also stated that, it is an urgent matter since, the dilemma of the officers on implementation of the High Court judgement is creating an administrative chaos.
The condition prior to the Madras High Court Judgement is prevailing in the Puducherry, since the Special Leave Petition has been admitted by Supreme Court.
86540
103860
630
114
59824