MHA clarification on L-G's power gives thumbs up to Kiran Bedi

In a new twist to the ongoing power struggle between Puducherry Lt Governor Kiran Bedi and Chief Minister V Narayanasamy, Union Ministry of Home Affairs (MHA) has justified the intervention of Lt 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 Bedi's independent functioning has become the main bone of contention for the elected Congress government in Puducherry.

Only on June 16, Puducherry Assembly passed a resolution urging the Central government to amend the Union Territories Act 1963 to arm the elected government with more powers and to curtail the powers of the Lt Governor bringing it to the level of the state Governors.

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. This was in response to a query whether L-G Puducherry has powers to dispose of business relating to Departments on a day-to-day basis when Minister(s) shall be primarily responsible for the business relating to the Department under Rule 6, sub-rule 2 of the Business.

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.

"This letter came from MHA a few days ago. It is in response to several letters written by Chief Minister to MHA. This is being placed in the public domain on general request by the media, officials and intelligentsia seeking clarity in the interest of better administration of Puducherry," Ms Bedi said on Saturday after releasing the letter to the media.

Bedi, who took charge as Lt Governor on May 29 last year, was accused by the Congress government of running an almost parallel government. The Lt Governor asserting herself as a real administrator seeking all files had to be sent to her for approval while Chief Minister is resisting saying that he was leading an elected government. Bedi maintained that she was only trying to set right the "wrongs," especially on matters of financial prudence, the government has accused her of blocking files, including schemes pertaining to welfare programmes, with the intent to tarnish the government's image.

Parallel govt?

Bedi, who took charge as Lt Governor on May 29 last year, is accused of running an almost parallel government.
The Lt Governor denies the charges and says that she is only leading an elected government