Puducherry Legislative Assembly Explained

Puducherry Legislative Assembly
Native Name:Assemblée législative de Pondichéry
Legislature:15th Puducherry Assembly
Coa Pic:Emblem of the Government of Puducherry.png
House Type:Unicameral
Term Limits:5 years
Preceded By:Puducherry Representative Assembly
Leader1 Type:Speaker
Leader1:Embalam R. Selvam
Party1:BJP
Election1:16 June 2021
Leader2 Type:Deputy Speaker
Leader2:P. Rajavelu
Party2:AINRC
Election2:25 August 2021
Leader3 Type:Leader of the House
(Chief Minister)
Leader3:N. Rangaswamy
Party3:AINRC
Election3:7 May 2021
Leader5 Type:Leader of the Opposition
Leader5:R. Siva
Party5:DMK
Election5:8 May 2021
Members:30 (elected) + 3 (nominated)
Structure1:File:Puducherry Legislative Assembly June 2022.svg
Structure1 Res:300
Political Groups1:Government (21)

NDA (21)

Official Opposition (9)

INDIA (9)

Nominated (3)

BJP (3)

Voting System1:First-past-the-post
Last Election1:6 April 2021
Session Room:Pondicherry Legislative Assembly.jpg
Session Res:200px
Next Election1:2026
Meeting Place:Puducherry Legislative Assembly
Website:https://puddu.neva.gov.in/
Native Name Lang:Tamil

The Puducherry Legislative Assembly (French: Assemblée législative de Pondichéry) is the unicameral legislature of the Indian union territory (UT) of Puducherry, which comprises four districts: Puducherry, Karaikal, Mahé and Yanam. Out of eight union territories of India, only three have legislatures and they are Delhi, Puducherry and Jammu and Kashmir. After delimitation shortly after its formation, the Puducherry legislative assembly has 33 seats, of which 5 are reserved for candidates from scheduled castes and 3 members are nominated by the Government of India. 30 out of 33 Members are elected directly by the people on the basis of universal adult franchise and the remaining three are nominated by the central government. These nominated members enjoy same powers as elected members of the assembly.

Geographically, the area under the Puducherry UT consists of three disjointed regions, with Puducherry and Karaikal districts surrounded by districts of Tamil Nadu, Yanam district an enclave of East Godavari district of Andhra Pradesh, and Mahé district bordered by districts of Kerala. The four districts were ruled by French before they were integrated into India in 1962. For ease of administration, during French rule, the area under these four districts was divided into 39 assembly constituencies. After becoming a UT of India, Puducherry was divided into 30 assembly constituencies, which were restructured in 2005 by the Delimitation Commission of India.

History

Assembly during French rule

See also: Representative Assembly of French India.

See also: Pondicherry Representative Assembly. In 1946, French India (Inde française) became Overseas territory (Territoire d'outre-mer) of France.Then a Representative Assembly (Assemblée représentative) was created. Thus, in 1946, on 25 October, the representative assembly of 44 members has replaced the general council (conseil général).[2] The Representative Assembly had 44 seats until merger of Chandernagore in 1951. Later, it reduced to 39 seats.

Merger and formation of Union Territory

The French government transferred the four enclaves to the Indian Union under a de facto treaty on 1 November 1954.[3] Later the territory was merged with India on 16 August 1962.

On 10 May 1963, the Indian Parliament enacted the Government of Union Territories Act, 1963 that came into force on 1 July 1963. This introduced the same pattern of government that prevailed in the rest of the country, but subject to certain limitations.[4] Under Article 239 of the Indian Constitution, the President of India appoints an Administrator LG with such designation as he may specify to head the administration of the territory. The President also appoints the Chief Minister. The President, on the advice of the Chief Minister, appoints the other Ministers. The Union Territories Act, 1963 limits the number of elected members of the assembly to 30 and allows the central government to appoint not more than 3 nominated MLAs. The same act ensures that seats are reserved for Scheduled Castes in the legislative assembly.

The Representative Assembly was converted into the Legislative Assembly of Pondicherry on 1 July 1963 as per Section 54(3) of The Union Territories Act, 1963[4] and its members were deemed to have been elected to the Assembly.[5] Thus, the First Legislative Assembly was formed without an election. Elections for the assembly have been held since 1964.

Nominated MLAs

Very few state/union territory legislative assemblies have nominated MLAs and their voting powers are limited with Puducherry being the only exception. In 2021, the Supreme Court of India has clarified two important aspects related to the nominated MLAs.. The first one is about their nomination. The court held that as per the 1963 act the Government of India is empowered to nominate the MLAs even without consulting the Government of Puducherry. The second one is about the voting power of the nominated MLAs.[6] The court also held that the nominated MLAs enjoy voting powers at par with elected MLAs, as the 1963 law per se did not differentiate between the nominated MLAs from the elected ones.[7]

Location

The current Legislative Assembly is located in the rue Victor Simonel in a colonial-era building that was originally a medical college. The college was relocated to another location and since 1969 the building has been used for the assembly.

List of assemblies

Source:[5]

Election Year Assembly Period Ruling Party
1963 1 July 1963 - 24 August 1964
29 August 1964 - 18 September 1968
19693rd Assembly 17 March 1969 - 3 January 1974
19744th Assembly 6 March 1974 - 28 March 1974 All India Anna Dravida Munnetra Kazhagam
19775th Assembly 2 July 1977 - 12 November 1978 All India Anna Dravida Munnetra Kazhagam
19806th Assembly 16 January 1980 - 24 June 1983 Dravida Munnetra Kazhagam
19857th Assembly 16 March 1985 - 5 March 1990
19908th Assembly 5 March 1990 - 4 March 1991 Dravida Munnetra Kazhagam
19919th Assembly 4 July 1991 - 14 May 1996
199610th Assembly 10 July 1996 - 21 March 2000 Dravida Munnetra Kazhagam
22 March 2000 - 16 May 2001
200111th Assembly 16 May 2001 - 2006
12th Assembly 2006 - 2011
13th Assembly 2011 - 2016
2016 - 22 February 2021[8]
16 June 2021[9] - Till date

See also

References

  1. Web site: 2021-05-14 . Is the BJP trying to capture power from its ally AINRC in Puducherry? . 2022-06-08 . Scroll.in . en-US.
  2. Book: Weber, Jacques . Les établissements français en Inde au XIXe siècle, 1816–1914 (4) . FeniXX . 1988 . 9782402119122.
  3. Web site: Treaty establishing De Jure Cession of French Establishments in India. Ministry of External Affairs . Media Center (Government of India). 1956.
  4. Web site: The Government of Union Territories Act, 1963 . Ministry of Home Affairs, Government of India . 8 June 2020.
  5. Book: Malhotra, G. C. . Cabinet Responsibility to Legislature . Metropolitan Book Co. Pvt. Ltd. . 1964 . 9788120004009 . 464.
  6. Web site: How BJP's nominated MLAs sealed Congress's fate in Puducherry. Datta . Prabhash K . . 22 February 2021 . 26 June 2022.
  7. News: Explained: The trust vote in Puducherry. Roy . Chakshu . . 24 February 2021 . 26 June 2022.
  8. News: Congress govt in Puducherry fails to prove majority in assembly; CM Narayanasamy and colleagues resign. . Bosco Dominique. 22 Feb 2021 . 28 June 2022.
  9. News: Puducherry Assembly to convene on June 16 for Speaker election. . 12 June 2021 . 2 July 2022.

External links