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4) Elucidate on the issue of ‘parallel government’ that is recently being witnessed between the Lieutenant-Governor (L-G) and the elected government of a union territory (Puducherry and Delhi).(250 words)

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Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

4) Elucidate on the issue of ‘parallel government’ that is recently being witnessed between the Lieutenant-Governor (L-G) and the elected government of a union territory (Puducherry and Delhi).(250 words)

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Why this question:

The Madras court recently passed a judgement stating that the Administrator of Puducherry (the term used in the Constitution to refer to the Lieutenant-Governor (L-G)) could not interfere with the day-to-day administration of the Union Territory when an elected government was in place as that amounts to running a “parallel government.”  

Key demand of the question:

The answer must evaluate the nuances of Articles 239A vs 239AA of the Indian constitution and Section 44 of the Government of Union Territories Act, 1963 amidst the recent controversies surrounding Puducherry administration.

Directive:

Elucidate – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the  particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Brief upon the background of the controversies surrounding Puducherry.

Body:

  • Provide for the key highlights of the recent Madras High Court judgement – The Administrator of Puducherry (the term used in the Constitution to refer to the Lieutenant-Governor (L-G)) could not interfere with the day-to-day administration of the Union Territory when an elected government was in place as that amounts to running a “parallel government.”
  • Bring out a comparison between Articles 239A vs 239AA – how it is different in case of Delhi and in that of Puducherry.
  • Section 44 of the Government of Union Territories Act, 1963: It states that there shall be a Council of Ministers in each UT to aid and advice the Administrator who shall act in his/her discretion only in so far as any ‘special responsibilities’ were concerned.  However, since the Act does not specify the ‘special responsibilities’ the Administrator and the Council of Ministers should leave the political differences apart to facilitate the smooth functioning of the government.
  • Discuss what needs to be done to overcome such a tussle.

Conclusion:

Conclude with a balanced opinion based on your analysis.