Context
The Leader of Opposition in Puducherry Legislative Assembly has submitted a letter to Lieutenant Governor of Puducherry stating the present govt has lost its majority due to resignation of four legislators from their membership of legislative assembly in addition to the disqualification of one member.
Constitutional Provisions
- Article 239A empowers Parliament to create a body,
- whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory or
- Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be specified in the law of Parliament.
Statutory Provisions
- Deriving its powers from Article 239A Parliament has enacted THE GOVERNMENT OF UNION TERRITORIES ACT, 1963 and Section 6 empowers the Administrator (LG) to dissolve the assembly.
- Thus deriving its powers from constitution, THE GOVERNMENT OF UNION TERRITORIES ACT, 1963 and in consonance with the orders of Supreme Court of India in Writ Petition (C) No. 439 of 2020 in Shivraj Singh Chouhan & Ors. Vs. Speaker Madhya Pradesh Legislative Assembly & Ors.
- Governor has summoned a session and the agenda is to allow incumbent Chief Minster to prove that he enjoys confidence of the House
How members are disqualified in Puducherry Legislative Assembly?
- if he holds any office of profit
- on grounds of defection
- if he is of unsound mind
- if he is an undischarged insolvent
- if he is not a citizen of India
- if he is so disqualified by or under THE REPRESENTATION OF THE PEOPLE ACT, 1951
Extent of legislative power of the assembly
The Legislative Assembly may make laws for the whole or any part of the Union territory with respect to any of the matters enumerated in the State List or the Concurrent List.
However Legislative Assembly of NCT of Delhi is not empowered to make laws wrt Public Order, Police and Land.
