Syllabus (GS Paper-02)- “Separation of powers between various organs dispute redressal mechanisms and institutions.”

Context- Recently the chief minister of the union territory of Puducherry protested against the actions of the Lt. Governor.

Article 1 of the constitution says that India is composed of territories of states, the union territories and any acquired territories. The states are the members of the federal system in India and share a distribution of power with the Centre. The union territories, on the other hand, are those areas which are under the direct control and administration of the Central government. Hence, they are also known as ‘centrally administered territories’. At present, there are seven Union Territories in India.

Reasons behind creation of UTs

• Political and administrative consideration—Delhi and Chandigarh.
• Cultural distinctiveness—Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
• Strategic importance—Andaman and Nicobar Islands and Lakshadweep.
• Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura
  and Arunachal Pradesh which later became states.

Comparison between the States and UTs

Administration of Union Territories

• Even though all the union territories belong to one category, there is no uniformity in their administrative system. Every union territory is administered by the President acting through an administrator appointed by him.
• An administrator of a union territory is an agent of the President and not head of state like a governor. The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.
• The President can also appoint the governor of a state as the administrator of an adjoining union territory. In that capacity, the governor is to act independently of his council of ministers.
• Legislature in UTs- The Union Territories of Puducherry (in 1963) and Delhi (in 1992) are provided with a legislative assembly and a council of ministers headed by a chief minister. The remaining five union territories do not have such popular political institutions. But, the establishment of such institutions in the union territories does not diminish the supreme control of the president and Parliament over them.
• Legislative Power of Parliament over UTs- The Parliament can make laws on any subject of the three lists (including the State List) for the union territories. This power of Parliament also extends to Puducherry and Delhi, which have their own local legislatures. This means that, the legislative power of Parliament for the union territories on subjects of the State List remain unaffected even after establishing a local legislature for them.
• Legislative Power of UTs- legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List. Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List.

Regulatory Power of President over the UTs

The President can make regulations for the peace, progress and good government of the Andaman and
Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved. A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

Supreme Court’s view on UTs

Supreme Court observed that Union Territories, though Centrally administered, enjoy an independent identity. The administration of Union Territories is by the Central government but that does not mean the Union Territories become merged with the Central government. They are centrally administered but retain their independent entity.

Tussle between the Lt. Governor and Chief Minister of UTs

• Union Territories Act, 1963- Under the Constitution, the territory belongs to the President, who runs it through the L-G as Administrator. However, under Section 44 of the Union Territories Act, 1963, the Administrator has to act on the ‘aid and advice’ of the Council of Ministers. At the same time, any difference of opinion between them can be referred to the President, and in the meantime the Administrator’s action prevails on any urgent matter. This scheme, which gives a clear edge to the Centre, can work only if there is harmony between the Council and the L-G. 
• Political Structure- Political structure of Union Territories is such that, in which the Administrator, as the nominee of the President, enjoys powers superior to the Chief Minister and the Council of Ministers.
• Blocking of welfare schemes- Chief Ministers of Delhi and Puducherry blame the Lt. Governors for blocking of the welfare schemes for the vulnerable people among other actions of the L-G, as the real issues.

Conclusion

It would be unfortunate if individuals occupying the post of Lt Governor (L-G) in any Union Territory with a Legislative Assembly get carried away and ignore or undermine the elected body. Last year, ruling on the limits of the L-G’s powers in Delhi, the Supreme Court stressed the need for the L-G as well as people’s representatives to function in harmony within constitutional parameters. The L-G was cautioned against having a hostile attitude towards the Ministers. There is no reason why that principle cannot be extended to Puducherry, which has a longer record of elected governments.

Question based on the Article

Governing the states is different than union territories. In this context, highlight the emerging conflicts between the Lt. Governor of union territories and their elected governments.