Business Standard

Puducherry government cannot decide nominated members: SC

IANS  |  New Delhi 

The on Thursday upheld Lt. decision to nominate three members to the Assembly holding that the government of has no role in the nomination of members.

The had on June 23, 2017 issued a notification nominating V. Saminathan, K.G. Shankar and S. Selvaganapathy as members of the Assembly.

The apex court said the Lt had the power to nominate MLAs. The had challenged the decision of Bedi to nominate the MLAs saying she should have consulted the government.

"We are of the clear opinion that nomination in the is not the business of the It is a business of central government," said a bench of Justice A.K. Sikri, Justice and Justice

"When the Constitution itself empowers Parliament to frame law to create a body, which may be partly nominated and partly elected … we fail to see how the law made by Parliament or nominations made by the breaches the principles of federalism," said Justice Bhushan, speaking for the bench.

The court said this in response to the contention that nominations should have been made in consultation with the The petitioner K. Lakshminarayanan and other by S. Dhanalakshmi had raised this contention citing the constitutional conventions and the principle of federalism.

Rejecting the contention that the nomination to the legislative assembly had to be made with the concurrence of the Puducherry government, the court said: "…We fail to see any substance in the argument … that the nomination made by the Central government, federal principle or principle of cooperative federalism has been violated."

The court also rejected the contention that the nominated members can't vote on Finance Bill and motion of no-confidence.

--IANS

pk/mr

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, December 06 2018. 21:10 IST
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