lieutenant Governors of Union Territories have executive powers wider than the discretion which is exercised by a Governor of a State. The Ministry of Home Affairs has made it clear that lieutenant Governor while exercising such powers and discharging such functions which any law requires to be done ‘in his discretion’ acts on his own judgment without seeking the aid and advice of the Council of Ministers.
The MHA has justified the intervention of lieutenant Governor seeking files from the secretaries of the departments and interacting with the officers citing the Rule 21 (5) of the Business of Government of Puducherry. The MHA clarification on powers of the lt Governor (l-G) has come at a time when Kiran Bedi’s independent functioning has become the main bone of contention for the elected Congress government in Puducherry.
“In a case of difference of opinion while referring the case of the central government/president, in case of urgency, the lieutenant Governor can take action as he deems necessary and can give such directions as he deems necessary,” the MHA said while responding to queries pertaining to powers of lieutenant Governor in Union Territories . In the question-and-answer format clarification to the letters written by Narayanasamy on February 3, 6, 7 8 and 19, the MHA said the power to dispose of business relating to the department on a day-to-day basis is of the ministers aided by the secretaries.
“However, equally so there is Rule 21(5) under which the l-G can call for the papers relating to any case. Thereafter, there are Rules 50-53 which deal with the situation of the difference of opinion,” it said.
On whether lG can exercise executive functions held by the Council of Ministers and the legislative Assembly and is it not violating the basic structure of the Constitution, the MHA has cited a judgment given by a Division Bench of the Delhi High Court stating that the l-G would have executive powers wider than the discretion which is exercised by a state Governor. “In fact, it has been held that the l-G while exercising such powers and discharging such functions which “any law” requires to be done “in his discretion” acts on his own judgement without seeking the aid and advice of the Council of Ministers. Further, in a case of difference of opinion, while referring the case to the Central Government/President, in case of urgency, the l-G can take actions as he deems necessary,” it said.
The MHA also clarified that the business rule did not have any provision where l-G could call the Chief Minister and his Cabinet colleagues for making a presentation on departments held by them.
However, it said in case of any doubt, the lt Governor could as a measure of courtesy, request the CM or other Cabinet Ministers to update him on any doubt or query.