Restrictions imposed on Delhi not applicable to Pondy: Judge

Noting that the apex court has clearly held that there is a distinction between the National Capital Territory of Delhi and Puducherry, Justice R Mahadevan said, “The restrictions imposed on Government of Delhi is not applicable to the Government of Puducherry. Though, Puducherry is not a State, the legislative Assembly will have the same powers as that of a State.”

In respect of funds received from the Central government, the Administrator or his delegates will have the power subject to the aid and advice of the Council of Ministers more specifically the Finance Minister. Therefore, it cannot be said the Administrator has exclusive authority over financial and service matters, Justice Mahadevan added.

The judge in his order running to over 150 pages made a detailed examination of Articles 239A, 239B and 240 of the Constitution, the Government of Union Territories Act, 1963, the Rules of Business of the Government of Pondicherry, 1963 as well as the Delegation of Financial Powers Rules, 1978 to conclude that the elected government in Puducherry assumes supremacy in governance over the Lieutenant Governor.

To a pointed charge that the Lieutenant Governor has formed working groups through social media and directs the officers to report only through social media, the judge in his order said, “The government officials cannot use their personal media to address the grievance of the public. A public redressal forum in the form of official e-mails, telephone numbers are to be circulated and used, if already not put into use.”