The power struggle between the BJP government appointed Lt-Governor Kiran Bedi and Congress Chief Minister V Narayanasamy of Puducherry has led the legislature of the Union Territory to pass a resolution urging the Central government to amend the Union Territories Act, 1963, to arm the elected government with more powers than what the Constitution envisages and to curtail the sky-high powers of the Lt-Governor. Article 239 of the Constitution does not treat all Union Territories alike.

For the Union Territory of Delhi, a separate Article, 239 AA, delineating elaborately the extent of power of the different wings of the government, has been incorporated in the Constitution. In the case of Puducherry, all that the Constitution says is, “the President may appoint the Governor of a State as the administrator of an adjoining Union Territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.”

Over the years, a full time Lt-Governor rather than a part-time Governor from a nearby State had become the norm. Though well-intentioned in the interest of the people of Puducherry, Bedi has been functioning independently of the elected Council of Ministers, much to the chagrin of Narayanasamy.

According to the Union Territories Act, 163, and Rules of Business framed under it, Puducherry is under the administration of the President carried out by a Lt-Governor appointed by him. The responsibility of the elected Assembly and the Council of Ministers is restricted to passing laws and sending them to the Lt-Governor who would forward them to the Union Home Minister to obtain the President’s assent.

Appointments from district collectors to police chief and transfers and postings of civil servants cannot be carried out without the pleasure of the Lt-Governor.

The resolution adopted by the Puducherry Assembly on 16 June seeking powers more or less on the lines of State Assemblies needs the serious consideration of the Union government. Powers of Lt-Governors should not exceed those of State Governors for the harmonious functioning of administration. Bedi, who took over as Lt-Governor of Puducherry on 29 May 2016, has converted the French-built Raj Nivas into People’s Nivas by throwing it open to the public and has started running an almost parallel government.

She tried to align all departments of the government through a WhatsApp group. Chief Secretary Manoj Parida disbanded it claiming it compromised confidentiality and earned the wrath of Bedi. She now wants a “collaborative functioning” Chief Secretary.

The Chief Minister is resisting. Although Puducherry has a functioning civil airport, Air India discontinued services. Realising the Union Territory’s tourist potential, private airline Spicejet came forward to launch services. Bedi withheld the file claiming that CVC and the CAG clearance have not been obtained.

As the spat between the Lt-Governor and the Chief Minister continues, the administration of Puducherry suffers.