Key highlights of the Madras High Court judgement:
- The Administrator of Puducherry (the term used in the Constitution to refer to the Lieutenant-Governor (L-G)) could not interfere with the day-to-day administration of the Union Territory when an elected government was in place as that amounts to running a “parallel government.”
- Articles 239A vs 239AA:
- There are significant differences in the powers conferred on the legislatures of Puducherry and Delhi under Articles 239A and 239AA of the Constitution.
- Though 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.
- This symbolises the supremacy of the Legislature above the Administrator in case of the Puducherry.
- Section 44 of the Government of Union Territories Act, 1963:
- It states that there shall be a Council of Ministers in each UT to aid and advice the Administrator who shall act in his/her discretion only in so far as any ‘special responsibilities’ were concerned.
- However, since the Act does not specify the ‘special responsibilities’ the Administrator and the Council of Ministers should leave the political differences apart to facilitate the smooth functioning of the government.
- Power over service matters:
- The elected government has powers over service matters and cancelled two clarification orders by the centre in 2017 on the powers of the Lieutenant Governor.
- Government secretaries of the Puducherry administration were required to report to the Council of Ministers headed by the Chief Minister on all official matters. The secretaries are not empowered to issue orders on their own or upon the instructions of the Administrator.
- Means of communication:
- The court also disapproved of the alleged practice of government officials being part of social media groups through which the L-G was issuing instructions to them.
- It reminded them that as per rules, they were bound to use only authorised medium of communication when it came to issues related to administration.
