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Supreme Court of India 2018-12-06 dismissed

K. Lakshminarayanan vs Union of India & Anr

Bench: 3 — Ashok Bhushan

In Brief

The Supreme Court dismissed appeals challenging the Central Government's power to nominate members to Puducherry's Legislative Assembly without consulting the elected government. The Court held that 'Central Government' under the Act means the President, not the territorial administrator. Nominations are a constitutional matter assigned to the Central Government under Article 239A and Section 3(3), not a function of the Union Territory Government. No constitutional convention exists requiring Chief Minister consultation, as prior practice showed inconsistency and no binding belief among actors. Federalism principles are not violated since Union Territories belong to the Union and the Constitution itself contemplates partly nominated legislatures. Nominated members retain full voting rights, including on budgets and no-confidence motions.

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Constitutional Law Union Territories Legislative Assembly Composition Government Powers Constitutional Convention Federalism Nominations Administrative Law

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