Bedi can't reject, modify decision of Council of Ministers: CM

: Chief Minister of Puducherry V

Narayanasamy on Thursday said Lieutenant Governor Kiran Bedi has no unfettered powers and cannot reject the decisions of the Council of Ministers or modify them.

Addressing reporters here, he said this had been "lucidly clarified" by the Madras High Court order delivered on Wednesday in a public interest litigation filed by Congress legislator K Lakshminarayanan.

The court order upholds the Constitution, the Union Territory Act 1963, Business Rules governing the administration and also the Council of Ministers, Narayanasamy said.

Reading out the highlights of the judgement, he said Bedi should accept the decisions of the Council of Ministers on matters of routine administration.

 

"She cannot reject the decisions and if there was a difference of opinion she can only send the decisions to the President for his decision," he said.

The court had also pointed out that "The Central government through the Union Home Ministry under orders of the President exercises a referral role to umpire a decision in the event of the administrator making a reference as per the Rules for its decision," he said.

As per the judgement, Bedi cannot convene officers' meetings, issue orders and direct the officials to respond to her directions, the Chief Minister said.

Asked as to how in the wake of the judgement, she had held a meeting at her office earlier in the day to discuss the action plan for preventive steps to keep corona virus at bay, he said, "I will issue standing orders."

"The judgement was available only now and I would issue standing instructions or orders to officers to abide by the court order," he said.

He said the judgement upheld that the elected government of Puducherry "no doubt represents the will of the people and in all forms of government the people are the true legislators."

The High Court had also stated in its judgement that "The primary responsible role of the governance has to be executed by the Council of Ministers," Narayanasamy said.

The court not only gave directions to the Lieutenant Governor but also to the Central government. The judgement said, "The Central government has to act within the limitations of the Constitution and not beyond it subject to the laws made by Parliament."

He said it had been clearly stated that the "Will of the people is the only legitimate foundation of any government and protecting its free expression should be the first object."

"I have been constantly telling that Bedi has no authority to take independent decisions or act arbitrarily. This has been vindicated in the present verdict and the primary responsible role of the governance has to be executed by the Council of Ministers," Narayanasamy said.

The Madras High Court had on Wednesday set aside a single judge's order which had held that Bedi cannot interfere in the day-to-day affairs of the elected government in the union territory.