Varsha Sriram
A big relief for Lieutenant Governor Kiren Bedi as the apex court asked Puducherry Government to not implement any decisions having financial implications that may be taken during a canine meeting on June 7.
The Supreme Court on Tuesday issued a notice to Puducherry Chief Minister V Narayanaswamy and his Government on Lieutenant Governor Kiren Bedi’s plea seeking clarity on the issue of control of bureaucrats.
The Supreme Court was hearing a petition filed by L-G Kiren Bedi and the Ministry of Home Affairs to stay the Madras High Court’s order which had curtailed her powers to interfere in the day-to-day administration of the Puducherry government, especially when an elected government was in place. Bedi approached the court for listing the matter on urgent hearing. Both the parties wanted clarification saying the administration in the union territory had come to a standstill.
A vacation bench comprising justices Indu Malhotra and M R Shah directed the Puducherry Government not to implement any decision having financial implications taken during the cabinet meeting on June 7 in the Union Territory. The bench said that the decision must not be implemented till the next date of hearing which was scheduled on June 21. Apart from this, the bench also sought response from Chief Minister Narayanasamy on the plea, which said the chief minister should be impleaded as a party in the matter.
Bar and Bench reported that the Additional Solicitor General Aman Lekhi arguing for the LG, submitted, “Method of administration is becoming such that is not permitted by law. It’s not a simple matter about interface between trivial entities.”
The Apex Court pointed out that notice can be issued today without granting any interim relied until a response from respondents is sought.
The Madras High Court in April ruled that Kiren Bedi does not have the powers to interfere or act independently in the day-to-day affairs of the elected government.
The HC in its judgement said that Bedi does not have the power to ask for government files and give orders to officials. It also said that the decision taken by the Council of Ministers and the Chief Minister is binding on the secretaries and other officials and that the centre and administrator should be true to the concept of democratic principles.
The HC’s verdict came after a writ petition was filed by the Puducherry Congress MLA Lakshminarayanan in 2017 questioning the Lieutenant Governor’s powers to interfere in day to day administration despite appointing a council of ministers and he alleged that she was running a “parallel government” in Puducherry.
After a fight broke out between Kiren Bedi and V Narayaswamy over the administration of power of the Union Territory, the Ministry of Home Affairs issued a clarification and said that the Lieutenant Governor of a Union Territory enjoys more power than a governor of any another state and can act without the aid and advice of the council of ministers. However the Madras HC effectively dismissed the clarification issued by the MHA.
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