Model Answer
0 min readIntroduction
The Indian Constitution provides for a Governor for each State (Article 155) and a Lieutenant Governor for each Union Territory (Article 239). Both act as representatives of the Union government at the state/UT level, but their powers and functions differ significantly. Recent debates, particularly concerning the powers of the Lieutenant Governor of Delhi, have brought this distinction into sharp focus. While Governors operate within a framework defined by the Constitution and conventions, the LG’s powers are often shaped by specific legislation and interpretations, leading to questions about whether they wield more authority than their state counterparts. This answer will analyze the powers of both offices to determine if LGs indeed have more powers than Governors.
Powers of the Governor
The Governor is the constitutional head of the State, enjoying a wide range of powers, broadly categorized as follows:
- Executive Powers: The Governor appoints the Chief Minister and other ministers (Article 164). They also exercise executive powers directly or through the Chief Minister. However, these powers are generally exercised on the advice of the Council of Ministers.
- Legislative Powers: The Governor summons and prorogues the State Legislature (Article 174). They can dissolve the Legislative Assembly. Bills passed by the Legislature require the Governor’s assent to become law (Article 200). They can also promulgate ordinances when the Legislature is not in session.
- Judicial Powers: The Governor can grant pardons, reprieves, and remissions of punishment for offences against State laws (Article 161).
- Financial Powers: The Governor causes the annual financial statement (budget) to be laid before the Legislature.
- Discretionary Powers: The Governor has certain discretionary powers, such as selecting the Chief Minister when no party has a clear majority, or when a government loses its majority. These powers are subject to judicial review.
Powers of the Lieutenant Governor
The powers of the Lieutenant Governor are defined primarily by the Government of Union Territories Act, 1963, and Article 239 of the Constitution. The extent of these powers has been a subject of legal interpretation, particularly in the context of Delhi.
- Executive Powers: The LG appoints advisors to assist in matters of administration (Article 239AA). In UTs like Delhi, the LG has a greater role in areas like law and order and land.
- Legislative Powers: The LG can reserve bills passed by the Legislative Assembly for the President’s consideration (Article 239AA). In Delhi, the LG can refer matters to the President if they differ with the elected government.
- Financial Powers: The LG oversees the budget and finances of the UT.
- Discretionary Powers: The LG has discretionary powers, but these are generally exercised in consultation with the Council of Ministers. However, the extent of this consultation has been a point of contention, especially in Delhi.
Comparative Analysis: LGs vs. Governors
While both offices share similarities, key differences exist:
| Feature | Governor | Lieutenant Governor |
|---|---|---|
| Constitutional Basis | Article 155 | Article 239 |
| Area of Operation | States | Union Territories |
| Relationship with Council of Ministers | Generally acts on the advice of the Council of Ministers | Historically, more independent, especially in Delhi; recent judgments have clarified the need for cooperative federalism. |
| Discretionary Powers | Defined, but subject to judicial review | Potentially broader, particularly in areas reserved for the Union government. |
| Legislative Role | Assent to bills; can reserve for Presidential consideration in limited cases | Can reserve bills for Presidential consideration more frequently, especially in Delhi. |
The Supreme Court’s judgment in the Government of NCT of Delhi v. Union of India (2018) clarified that the LG is bound by the aid and advice of the elected government in Delhi, except in areas specifically reserved under the Constitution. However, the LG retains significant powers, particularly in areas like law and order and land. This judgment, while curbing some of the LG’s discretionary powers, still acknowledges a substantial role for the LG in the administration of Delhi.
In practice, the LG in Delhi often has more direct involvement in day-to-day administration than a Governor in a State. This is due to the unique constitutional position of Delhi, which is a Union Territory with a Legislative Assembly. The LG’s power to refer matters to the President, and the President’s power to override the elected government, provide the LG with a significant degree of influence.
Conclusion
While Governors are constitutional heads with established conventions, Lieutenant Governors, particularly in UTs like Delhi, often possess a greater degree of direct administrative control and discretionary power, especially concerning reserved subjects. The 2018 Supreme Court judgment sought to balance this power dynamic, emphasizing cooperative federalism. However, the inherent structure of UT administration and the LG’s role as a representative of the Union government continue to grant them significant authority. Therefore, it can be argued that, in certain contexts, Lieutenant Governors do have more powers than Governors, though this is contingent on the specific UT and the prevailing legal interpretations.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.