Whether the Central Government while exercising its power of nomination under Section 3(3) of 1963 Act is obliged to consult the Council of Ministers/Chief Minister of Government of Union Territory of Puducherry and the nomination by Central Government can only be made with the concurrence of the Government of Puducherry? – No –
Apex court held that we are of the clear opinion that nomination in the Legislative Assembly of Puducherry is not the Business of the Government of Puducherry. It is a business of Central Government as per Section 3(3) of Act, 1963 which is to be carried out in accordance with the Government of India (Allocation of Business) Rules, 1961 and Government of India (Transaction of Business) Rules, 1961.Further, specific authority to nominate in the Legislative Council has been conferred by
law i.e. under Section 3 to the Central Government. Thus no breach of federal principles are made out and the submission on the basis of breach of federal principles in nomination by the Central Government is unfounded.
Whether the nominated members in the Legislative Assembly shall have no voting right in two matters, i.e., (i) budget and (ii) no confidence motion against the Government? – No-
Apex court held that the composition of Legislative Assembly itself consists of both persons chosen by direct election and persons nominated by the Central Government.
Both elected and nominated persons are part of Legislative Assembly. The expression “every member of the Legislative Assembly of the Union territory” shall include both elected and nominated members.Section 12(1) provides that all questions at any sitting
of the Legislative Assembly of the Union territory shall be determined by a majority of votes of the members present and voting other than the Speaker or person acting as such. When provision of subsection(1) clearly provides no voting by Speaker, if intention of Legislature was to exclude the votes of nominated members, the said expression was bound to find included in the subsection(1). The conclusion is inescapable that all members including the nominated members are entitled to vote in the sitting of the Legislative Assembly and the submission of Shri Sibal that nominated members cannot exercise vote in budget and no confidence motion has to be rejected.