44. Council of Ministers.-
(1) There shall be a Council of Ministers in each Union territory with the Chief Minister at the head to aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union territory has power to make laws except in so far as he is required by or under this Act to act in his discretion or by or under any law to exercise any judicial or quasi-judicial functions:
Provided that, in case of difference of opinion between the Administrator and his Ministers on any matter, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary:
(3) If and in so far as any special responsibility of the Administrator is involved under this Act, he shall, in the exercise of his functions, act in his discretion.
(4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final.
(5) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Administrator thereon shall be final.
(6) The question whether any, and if so what, advice was tendered by Ministers to the Administrator shall not be inquired into in any court.
1. Ins. by Act 19 of 1984, s. 3 (w.e.f. 1-3-1984).
2. Subs. by Act 19 of 2005, s. 4, for "2000" (w.e.f. 21-5-2005).
3. Subs. by s. 4, ibid., for "1971" (w.e.f. 21-5-2005).
4. Ins. by Act 5 of 2006, s. 2 (w.e.f. 31-3-2005).