PUDUCHERRY: THE Ministry of Home Affairs (MHA) has clarified that the Lieutenant Governor of Puducherry can act on his/her own judgement without seeking the aid and advise of the council of ministers.
“The Lt Governor would have executive powers wider than the discretion which is exercised by the Governor of a State. While exercising such powers and discharging such functions, which ‘any law’ requires to be done ‘in his/her discretion’, acts on his/her own judgement without seeking the aid and advise of the council of ministers,” the MHA has said.
This was made clear in a letter to the Secretary to Lt Governor, according to SN Rai, Director ANL, MHA.
Replying to queries, Rai maintained that in case of difference of opinion with the council of ministers, the matter could be referred to the central government or the President of India.
In case of urgency, the Lt. Governor could take action as he/she deems necessary and give such directions as he/she deems necessary.
However, the power to dispose of business relating to departments on a day to day basis is of that of the ministers aided by the secretaries, the MHA made it clear. The Lt. Governor could call for papers relating to any case under Rule 21(5) of the Business Rules of Government of Puducherry.
This clarification comes after Chief Minister V Narayanasamy directed the officials not to send any file to the Lt Governor Kiran Bedi or interact with her without intimating the minister concerned.
The MHA further said that direct interaction with officers by the Lt Governor could only be in exercise of powers under Rule 21(5).
The business rules do not have any provision for the Lt. Governor to call the chief minister or his cabinet colleagues for making a presentation on departments held by them. In case of any doubt, the Lt Governor as a measure of courtesy, could request the chief minister and his cabinet colleagues to update on any doubt or query which the Lt. Governor might have, the MHA stated.
Clarifiying whether any order can be declared null and void without processing the file by the Lt. Governor, MHA said the Lt Governor could not as it has to be processed on file.
This reply is significant to the issue that cropped up after Lt. Governor Kiran Bedi's secretary issued an order on her direction nullifying the order of Department of Personal and Administrative Reforms signed by the chief secretary putting Municipal Commissioner R Chandrasekaran on 'compulsory wait'.