{"id":49207,"date":"2019-07-10T16:27:39","date_gmt":"2019-07-10T10:57:39","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?p=49207"},"modified":"2019-07-10T16:27:39","modified_gmt":"2019-07-10T10:57:39","slug":"answered-what-are-powers-and-sources-of-lg-of-puducherry-compare-powers-of-lg-of-puducherry-with-the-powers-of-lg-delhi","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/answered-what-are-powers-and-sources-of-lg-of-puducherry-compare-powers-of-lg-of-puducherry-with-the-powers-of-lg-delhi\/","title":{"rendered":"[Answered] What are powers and sources of LG of Puducherry? Compare powers of LG of Puducherry with the powers of LG Delhi."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Write a contextual introduction.
Body. <\/strong>Various powers and sources of LG of Puducherry. Compare with powers of LG of Delhi.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Government of Union Territories Act, 1963 provides for a Legislative Assembly of Pondicherry, with a Council of Ministers to govern the \u201cUnion Territory of Pondicherry\u201d. It states that the UT will be administered by the President of India through an Administrator (Lieutenant Governor).<\/p>\n\n\n\n

What are the powers and\nsources of LG of Puducherry?<\/strong><\/h3>\n\n\n\n
  1. Discretion:<\/strong> <\/strong>Section 44 of the Union Territories\nAct, 1963, allows the LG to \u201cact in his discretion<\/strong>\u201d\nin the matter of lawmaking, even though the Council of Ministers has the task\nof aiding and advising him. In case of a difference of opinion between the LG\nand his Ministers on any matter, the Administrator is bound to refer it to the\nPresident for a decision and act according to the decision given by the\nPresident. However, the Administrator can also claim that the matter is urgent,\nand take immediate action as he deems necessary.<\/li>
  2. Mandatory Prior sanction-<\/strong> <\/strong>Under Section 22 of the Act, prior sanction<\/strong> of the Administrator is\nrequired for certain legislative proposals. These include Bills or amendments\nthat the Council of Ministers intends to move in the Legislative Assembly, and\nwhich deal with the \u201cconstitution and organisation of the court of the Judicial\nCommissioner\u201d, and \u201cjurisdiction and powers of the court of the Judicial\nCommissioner with respect to any of the matters in the State List or the\nConcurrent List\u201d.<\/li>
  3. Obligatory provisions:<\/strong> Section\n23 of the Act also makes it obligatory on the part of the UT government to seek\nthe \u201crecommendation\u201d of the LG before moving a Bill or an amendment to provide\nfor \u201cthe imposition, abolition, remission, alteration or regulation of any\ntax\u201d, \u201cthe amendment of the law with respect to any financial obligations\nundertaken or to be undertaken\u201d, and anything that has to do with the\nConsolidated Fund of the UT.<\/li>
  4. Veto powers-<\/strong> <\/strong>Once the Assembly has passed a\nBill, the LG can either grant or withhold his assent; or reserve it for the\nconsideration of the President. He can also send it back to the Assembly for\nreconsideration.<\/li>
  5. The manner in which the LG\nfunctions vis-\u00e0-vis the elected government (Council of Ministers) is also spelt\nout in the Rules of Business of the Government of Pondicherry, 1963, issued on\nJune 22, 1963.<\/li>
  6. Regulatory powers-<\/strong> <\/strong>Under Rule 47, which deals with persons serving in the UT government<\/strong>,\nthe Administrator exercises powers regulating the conditions of\nservice<\/strong> of such persons in consultation with the Chief\nMinister. In case the LG has a difference of opinion with the Chief Minister,\nhe can refer the matter to the central government for the decision of the\nPresident.<\/li>
  7. which deals with the Council of\nMinisters and its working, says the Council of Ministers headed by a Chief\nMinister will \u201caid and advise the Administrator in the exercise of his\nfunctions in relation to matters with respect to which the Legislative Assembly\nof the Union Territory has power to make laws<\/strong>\u201d.<\/li><\/ol>\n\n\n\n

    Comparison with powers of LG of Delhi:<\/strong><\/h3>\n\n\n\n
    \n Powers of LG of Delhi<\/strong>\n <\/td>Powers of LG of Puducherry<\/strong> <\/td><\/tr>
    The LG of Delhi has \u201cExecutive Functions\u201d that allow him to exercise his powers in matters connected to public order, police and land<\/strong> \u201cin consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution\u201d.   <\/td>The LG of Puducherry has no such \u201cExecutive Functions or powers\u201d. Puducherry legislative assembly deals with all these matters. <\/td><\/tr>
    LG of Delhi is guided by the Government of National Capital Territory of Delhi Act, 1991, the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, and Union Territories Act, 1963. Thus the LG of Delhi enjoys greater powers than the LG of Puducherry.   <\/td>LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963 and provisions under it. Thus it\u2019s power are limited. <\/td><\/tr>
    Articles 239 and 239AA of the Constitution, as well as the Government of National Capital Territory of Delhi Act, 1991, clearly underline that Delhi is a UT, where the Centre, whose eyes and ears are the LG, has a much more prominent role than in Puducherry.   <\/td>Articles 239 and 239AA of the Constitution, as well as the Government of National Capital Territory of Delhi Act, 1991, clearly underline that Delhi is a UT, where the Centre, whose eyes and ears are the LG, has a much more prominent role than in Puducherry. <\/td><\/tr>
    Article 239AA imposes several restrictions on the legislature of Delhi.   <\/td>No such restrictions had been imposed explicitly in the case of Puducherry under Article 239A. <\/td><\/tr>
    Under the constitutional scheme, the Delhi Assembly has the power to legislate on all subjects except law and order and land. <\/td>The Puducherry Assembly can legislate on any issue under the Concurrent and State Lists <\/td><\/tr><\/tbody><\/table>\n\n\n\n

    The Central government as well as the Administrator should be true to the concept of democratic principles. Otherwise, the constitutional scheme of the country of being democratic and republic would be defeated.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Demand of the question Introduction. Write a contextual introduction. Body. Various powers and sources of LG of Puducherry. Compare with powers of LG of Delhi. Conclusion. Way forward. Government of Union Territories Act, 1963 provides for a Legislative Assembly of Pondicherry, with a Council of Ministers to govern the \u201cUnion Territory of Pondicherry\u201d. It states… Continue reading [Answered] What are powers and sources of LG of Puducherry? Compare powers of LG of Puducherry with the powers of LG Delhi.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[],"tags":[],"class_list":["post-49207","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","entry"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/forumias.com\/blog\/wp-content\/uploads\/2019\/07\/Mains-Marathon-%40.png?fit=700%2C373&ssl=1","views":{"total":0,"cached_at":"","cached_date":1704902816},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/49207","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=49207"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/49207\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=49207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=49207"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=49207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}