Lt-Governor (L-G) Vs Puducherry Government – What is the tussle?

The Madras High Court has recently ruled that the Lieutenant Governor (L-G) of Puducherry should not interfere with the day-to-day administration of the Union Territory when an elected government is in place.

The court argued that the continued interference from the L-G would amount to running a “Parallel government”.

Notably, the Supreme Court has also given a similar verdict on Delhi Government Vs Lieutenant Governor (L-G) in July 2018.

What is the issue?

• Kiran Bedi, the incumbent Lieutenant Governor (L-G) of Puducherry, has been in a prolonged dispute, over the extent of powers with Chief Minister Narayanasamy.
• The CM has claimed that the LG has been neglecting the elected government and seeking to run the UT on her own.

What is the High Court verdict?

Parallel govt: The continued interference from the L-G would mean running a “parallel government” when an elected regime is in place.

Aid and advice of Govt: The L-G is bound by the aid and advice of the Council of Ministers headed by the Chief Minister.

Government secretaries:

• Should take instructions from and report to the Council of Ministers headed by the Chief Minister.
• Not empowered to issue orders on their own or upon the instructions of L-G.

Medium of communication:

• The HC has also disregarded the alleged practice of government officials being part of social media L-G was giving instructions to them via these groups for redressal of public grievances.
• The court ordered that the officials should use only the authorised medium of communication for administrative purposes.

Referring the matter to President:

• L-G’s power to refer any matter to President to address differences does not mean “ Every Matter”.

Advice to Centre and L-G:

• The Centre and the L-G should be true to the concept of democratic principles in order to uphold the constitutional scheme on democracy and republicanism.
• This ruling is inspired by the Supreme Court’s earlier appeal to constitutional morality and trust among higher dignitaries.

What was the Supreme Court’s verdict in this regard?

• In June 2018, Supreme Court gave its verdict in relation to the conflict between the elected government of National Capital Territory (NCT) of Delhi and the Lt.Governor.
• It ruled that the L-G should act with the aid and advice of the Council of Ministers.
• L-G has to refer the matter to the President in case that a decision on that matter has caused a difference with the Ministry.
• Click here to learn more on Delhi Govt Vs L-G issue.

Thus both SC and the HC verdict made it clear that the Lt.Governor has no independent decision-making powers and cannot interfere with the day-to-day administration of the government.

Comparison between L-G of Delhi and L-G of Puducherry