CM as Rubber Stamp

The Real Ruler in the seven Union Territories is the Administrator. He continues to be more powerful even in Delhi and Puducherry where there are Legislative Assemblies and Chief Ministers with Council of Ministers. In governments in States, the Governor is generally called a rubber stamp, but in Union Territories, the Constitution itself has converted the Chief Minister into a rubber stamp.

v Governor appoints the Chief Minister in States, the President appoints the Chief Minister and Ministers for Union Territories, who will hold office during the President’s pleasure. The President can also make rules (Section 46) for allocation of business to the Ministers. The President can also suspend any provision of this Act during “Emergency” based on a report of the Administrator under Section 51.

v Administrator can differ with the Chief Minister or Minister and have his way “As HE deems necessary.” Administrator can act “As HE thinks fit,” ( Article 244 ) and  The UT Act says “ HE can act in his discretion, and his decision shall be final.”

v The Council of Ministers can aid and advise the Administrator and the President will have the advice of the Union Cabinet. The Administrator can override the advice while the President can act as he thinks fit. Thus, with reference to a UT, the role of democratic representative bodies and the Council of Ministers emerging out of it is almost ruled out.

v Parliament has power, as per Article 239AA (7) and (8), to change the provisions of the UT which will not be deemed to be the Amendment to the Constitution.

v In an ordinary State, it is very difficult to impose President’s Rule, But suspending the Council of Ministers in a UT is very simple, i.e., the President can issue a direction suspending any provision relating to Council of Ministers as provided in Article 239AB.

v According to Article 244, the President has powers to make regulations for a UT unless there is a legislature for that State. Even if there is a legislature which passes a law, the Administrator can reserve it for the assent of President, who might reject it, except in cases of a money bill. Even the Union Cabinet has no role.

Without being a full-fledged State Empowered with Federal Sovereignty and Constitutional Powers both under the State and Concurrent lists, it might be almost impossible for any government in Delhi to govern as such.