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Important Institutions

Lieutenant Governor

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 08-Aug-2024

Introduction

  • The Lieutenant Governor is the administrator of the NCT of Delhi, appointed under Article 239 of the Constitution of India (COI)
  • Under Article 239AA (4) COI, the Lieutenant Governor is required to act on the aid and advice of the Council of Ministers, except in matters where he is required by law to act at his discretion.
  • The Lieutenant Governor's powers and functions are derived from the Constitution, particularly Article 239AA of COI.
  • The office of the Lieutenant Governor represents the Union government in the administration.

What are Special Provisions for Delhi and Puducherry?

  • The Union Territory (UT) of Puducherry (in 1963), Delhi (in 1992) and Jammu and Kashmir in 2019 (yet to be constituted) are provided with a legislative assembly and a Council of Ministers headed by a Chief Minister (CM).
  • The Legislative assembly of the UT of Puducherry may make laws regarding matters enumerated in List II or List III in the Seventh Schedule of the Constitution if these matters are applicable to the UT.
  • The legislative assembly of National Capital Territory of Delhi also has these powers except that Entries 1, 2 and 18 of the List II are not within the legislative competence of the legislative assembly.

Where are the Seats of Lieutenant Governors in India?

  • Andaman and Nicobar Island
  • Chandigarh
  • Ladakh
  • Dadra and Nagar Haveli and Daman and Diu
  • Puducherry
  • Lakshadweep
  • Jammu and Kashmir
  • Delhi

What is Appointment Procedure of of Lieutenant Governor?

  • The Lieutenant governor is appointed by the President of India.
  • After the Delhi Administration Act of 1966 took effect in September 1966, the Lieutenant Governor was created.
  • The Lieutenant governor is appointed for a term of five year at the pleasure of the President.
    • In some UTs, such as Delhi and Puducherry, the administrator holds significant powers, including the ability to make laws and regulations for the UT.
    • In other UTs, such as Lakshadweep and Dadra and Nagar Haveli, the administrator's powers are limited to providing advice to the elected government.

What are the Duties of Lieutenant Governor?

  • Only the UT of Andaman and Nicobar Islands, Delhi, and Puducherry have the Lieutenant Governor in India.
  • Administrators are appointed in other UT.
  • If the Lieutenant Governor is obligated by law to act in his discretion, this provision states that his decision in that matter is final.
  • The Lieutenant Governor exercises his authority with the assistance of the Delhi Police Commissioner and the Vice Chairperson of the Delhi Development Authority (DDA), both of whom have their own administrative structures.
  • The Lieutenant Governor is the DDA’s Ex-officio Chairman, he executes his executive powers through the Appellate Authority under several Acts, Rules and Regulations that apply in Delhi.
  • In the event of a disagreement between the Lieutenant Governor and his Ministers on any topic, the Lieutenant Governor may refer the matter to the President for decision and act on the President’s decision.
  • The Lieutenant Governor becomes the government’s full-fledged executive leader under President’s Rule. He has the authority to appoint a council of ministers made up of advisors.
  • He acts as an executive leader and appoints the council of Ministers to aid and advise him.

What are the Powers of Lieutenant Governor?

  • Acts as the constitutional head of the Union Territory.
  • Controls 'reserved subjects' like public order, police, and land in Delhi.
  • Can promulgate ordinances and reserve bills for Presidential consideration.
  • Appoints the CM and ministers on CM's advice.
  • It has discretionary powers in constitutionally specified matters.
  • Maintains law and order, especially in Delhi.
  • Liaises between UT administration and central government.
  • Can recommend President's rule in the UT.
  • Ensures constitutional compliance in UT administration.
  • Can nominate members to certain bodies without ministerial advice (as per recent Supreme Court ruling for Delhi).

What is the Difference between Governor and Lieutenant Governor?

Governor Lieutenant Governor
Governors are appointed for states Lieutenant Governors are appointed for Union Territories.
Governors have authority over states with more autonomy Lieutenant Governors oversee Union Territories under more central control.
Governors generally have more ceremonial roles Lieutenant Governors, especially in Delhi, play a more active administrative role.
Governors act mostly on state cabinet advice Lieutenant Governors have more extensive discretionary powers.
Governors' roles are defined under Articles 153 to Article 162 of the COI. Lieutenant Governors roles under Articles 239 to Article 239AA of the COI.