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SC on tussle between LG and Legislature
Why in news
- The Supreme Court disposed of a petition filed by Puducherry Lieutenant Governor (LG) Kiran Bedi.
- The petition filed seeked for clarity on the issue of control over bureaucrats in the wake of a turf war between the LG’s office and the Chief Minister in the Union Territory.
More in news
- A Bench of the SC, led by Chief Justice of India Ranjan Gogoi, said that the appeal has been directly brought before the SC against the decision of a single-judge Bench of the Madras High Court.
- The court left it open for the LG to first move to the Division Bench of Madras High Court.
- What Solicitor General had to say
- The Solicitor General repeatedly submitted that the appeal would eventually reach the Supreme Court, so the case might as well be heard now by the highest court.
- Verdict of the Single Judge Bench
- The verdict had curbed the LG’s powers in interfering in the day-to-day administration of the Union Territory, especially when an elected government was in place.
- LG's Version
- The LG had argued that governance came to a standstill after the High Court decision in April held ‘incessant’ interference from the LG would amount to running a “parallel government.”
- The judgment had highlighted that under Articles 239A and 239AA there is a differences in the powers conferred on the legislatures of Puducherry and Delhi.
- The above Article symbolises the supremacy of the Legislature above the Administrator in the case of the Union Territory of Puducherry.
- Unlike Article 239AA, which imposes several restrictions on the legislature of Delhi, no such restrictions had been imposed explicitly on Puducherry under Article 239A, the High Court had held.
Source
The Hindu