Under the Union Territory Act, 1963, the Lieutenant Governor is unequivocally the titular head, says former MP M. Ramadass.
The Lt. Governor derives her powers from Sections 6, 9, 22, 23, 25, 27, 30, 44 and 51 of the Act. The Chief Minister, as a member of the Legislative Assembly and the Chief of the Council of Ministers, derives his powers from Section 44 of the Act and Chapter III of the Rules of Business, he said.
The Chief Minister has the power along with other MLAs to enact laws with respect to any one of the matters enumerated in the State or Concurrent List and the laws become operational only after the consent of the LG or the President as the case may be. And, in a scenario where the LG and the Chief Minister do not see eye to eye, Section 44(1) provides for reference of the dispute to the President.
“The ideal role of LG should be one of a friend, philosopher, and guide to the Council of Ministers respecting the democratic fabric of the territory,” says Mr. Ramadass.
He said the LG should ideally play the role of a benevolent administrator and adopt a cautious approach to government proposals without giving any room for corruption, misuse of power, and inappropriate decisions.
In a place like Puducherry, where legislature is the pillar, it should be implicit that the Union Territory with a legislature should be treated as a State in decision making.
“That is why I always hold the view that there can be either a State with a legislature or a Union Territory without legislature. There is bound to be a deficit in democracy in a Union Territory with a legislature,” Mr. Ramadass said.
