Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government of Union Territories Act 1963: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Government of Union Territories Act, 1963:s.3(3) – Nominations made by the Central Government inexercise of power u/s. 3(3) to the Legislative Assembly of UnionTerritory of Puducherry – Whether Central Government underobligation to consult the Council of Ministers/Chief Minister ofGovernment of Union Territory of Puducherry and the nominationby Central Government to be made only with the concurrence ofthe Government of Puducherry – Whether there is a constitutionalconvention to consult the Government of Puducherry, on the strengthof the fact that on six earlier occasions when the nominations weremade, the Central Government has consulted the Government ofPuducherry before making nominations – Held: For nomination byCentral Government, concurrence of Council of Ministers/ChiefMinister of Government of Union Territory of Puducherry notrequired – There is no established practice or convention that namesfor nominations to members of the Legislative Assembly has toemanate from Chief Minister and can be made by CentralGovernment only after concurrence by Chief Minister – In exercisingthe power u/s. 3(3) no particular statutory procedure having beenprescribed except the exercise of power as per Allocation of BusinessRules and Transaction of Business Rules, 1961 – Nominations madecannot be held to be vitiated on the submission that a particularprocedure which was followed in some earlier cases was notfollowed.s.3(3) – Nomination of members of the Legislative Assemblyof Union territory by Central Government – Expression “CentralGovernment” in s.3(3) – Whether the expression “CentralGovernment” means an Administrator, who has to exercise the powerof nomination that too on the aid and advise of the Council of Ministers of the Union Territory of Puducherry – Held: Definitionof Central Government, as occurring in s.3(3) has to be read as tomean the President and not the administrator – Definition of CentralGovernment means the President is not controlled by the secondexpression “and shall include the administrator” – Ordinary orpopular meaning of the word “the President” occurring in s.3(8)(b)of the 1897 Act has to be given and the second part of the definitionshall not in any way control or affect the first part of the definition– In the definition of Central Government, an administrator shallbe read when he has been authorised or delegated aparticular function under the circumstances – General Clauses Act,1897 – s. 3(8).s.3(3) – Nomination in the Legislative Assembly of thePuducherry, whether a business of the Government to be transactedin accordance with r.4(2) rw r.48 of the 1963 Rules – Held: It is notthe Business of the Government of Puducherry – It is a business ofCentral Government as per s.3(3), to be carried out in accordancewith the Government of India (Allocation of Business) Rules, 1961and Government of India (Transaction of Business) Rules, 1961 –Rules of Business of the Government of Puducherry, 1963.s.3(3) – Nomination by Central Government in the LegislativeAssembly without concurrence of Government of Union Territoryof Puducherry – If violative of principles of Federalism and cooperativeFederalism – Held:Art.239A with regard to the UnionTerritory of Puducherry itself envisages the constitution ofLegislative Council partly by nomination and partly by election –Specific authority to nominate in the Legislative Council has beenconferred by law u/s. 3 to the Central Government – Thus, there isno breach of federal principles.s.3(3) – Recommendations made by the High Court in so faras recommendations made in paragraph 5(iv) of the impugnedjudgment – Sustainability of – Held: Recommendations containedin paragraph No. 5 are nothing but recommendations to theParliament to frame legislation on various aspects as enumeratedin the recommendation – There being already Rules of Business forcarrying out the functions by the Central Government as per Article77(3) of the Constitution, there is no justification for makingrecommendation in paragraph No. 5 of the impugned judgment –Thus, recommendations are set aside. s. 12 – Nominated members in the Legislative Assembly – Rightto vote in the matter of budget and no-confidence motion againstthe Government – Held: Section 12(1) provides that all questions atany sitting of the Legislative Assembly of the Union territory shallbe determined by a majority of votes of the members present andvoting other than the Speaker or person acting as such – When theexpression used is votes of members present, obviously the membersof the Assembly both elected and nominated person has to becounted, while interpreting s. 12(1) the nominated members cannotbe excluded – Thus, the statutory provision does not give indicationthat nominated members have no right to vote on budget and noconfidence motion against the Government. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 1161 |
Petitioner | K.lakshminarayanan |
Respondent | Union Of India & Anr. |
SCR | [2018] 14 S.C.R. 689 |
Judgement Date | 2018-12-06 |
Case Number | 11887 |
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