Lieutenant Governor

A lieutenant governor serves as the constitutional head of five of India’s eight union territories. The President of India appoints the lieutenant governor for a five-year term, and he or she serves at the President’s pleasure. Because the union territories of Delhi, Jammu and Kashmir, and Puducherry have some kind of self-government, including an elected legislature and council of ministers, the lieutenant governor’s duty is mostly ceremonial, similar to that of a state governor. The lieutenant governor, who is also the head of state and administration in the Andaman & Nicobar Islands and Ladakh, has more power.

“Responsibilities of the Lieutenant Governor”

The President appoints the Governor as the state’s leader. A Governor can be appointed to more than one state after the 7th Constitutional Amendment of 1956.

The head of a Union Territory is the Lieutenant-Governor.

Only the Union Territories of Andaman and Nicobar Islands, Delhi, and Puducherry have the post in India. Administrators are appointed in other Union Territories.

The First Schedule of the Indian Constitution designates Delhi as a Union Territory. It is managed by the President, who acts to the extent that he sees fit through an Administrator whom he appoints (under Article 239).The 69th Constitutional Amendment Act of 1991 added Article 239AA to the constitution.1. The National Capital Territory of Delhi is the name given to the Union Territory of Delhi, and the Administrator appointed under Article 239 is known as the Lieutenant Governor. 239AA Article

The Lieutenant Governor’s functions in Delhi are defined by Section 41 of the GNCT (Government of National Capital Territory) of Delhi Act, 1991.During a matter that falls outside the scope of the Legislative Assembly’s powers, the Lieutenant Governor may intervene at his discretion. The following is the section:

Matters requiring the Lieutenant Governor’s Authority

1. In a matter–, the Lieutenant Governor shall act at his discretion.

• which is outside the scope of the powers vested on the Legislative Assembly but for which the President has entrusted or delegated powers or tasks to him; or
• in case he is required by or under any legislation to exercise his discretion or to perform any judicial or quasi-judicial tasks

2. If a doubt arises as to whether or not a subject is one in which the Lieutenant Governor is required to act in his discretion by or under any law, the Lieutenant Governor’s decision shall be definitive.

3. If there is any doubt as to whether a matter is or is not one for which the Lieutenant Governor is required by law to exercise any judicial or quasi-judicial responsibilities, the Lieutenant Governor’s decision shall be definitive.

• If the Lt. Governor is obligated by law to act in his discretion, this provision states that his decision in that matter is final.
• The LG 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.
• Although the Lt. Governor is the DDA’s Ex-officio Chairman, he executes his executive powers through the Appellate Authority under several Acts/Rules/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 Lt. 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.
• The length of the President’s rule in the UT is likewise up to the Lt. Governor’s choice.

After the Delhi Administration Act of 1966 took effect in September 1966, the post of Lt. Governor was created. The Lt. Governor addresses the House at the start of the primary session following each election to the Assembly and at the start of the first session of each year.

Powers of Lieutenant Governor

The Lt. Governor of the National Capital Territory of Delhi’s powers and functions are drawn from the constitution and many statutory laws. Here are a few of them:

• The Constitution’s provisions (Art 239)
• The Delhi Act of 1991 establishes the Government of National Capital Territory (GNCT).
• Various Acts of Parliament contain provisions.
• Environmental Protection Act, Delhi Police Act 1978, Delhi Development (DDA) Act 1957, (Delhi Municipal Corporation) DMC Act 1957, etc.
• Delegation by executive orders issued by the President under Article 239(1) of the Constitution.

The Supreme Court’s Decision on Lieutenant Governor Powers

The Supreme Court clearly defined the scope and bounds of the powers inherent in the post of Lieutenant Governor of the Union Territory of Delhi in its ruling on July 4, 2014. The decision was made in a case that originated from a power struggle between the Delhi administration and the Centre that has been going on for a few months. The Supreme Court ruled that Lieutenant Governor Anil Baijal lacks independent decision-making authority and must rely on the Council of Ministers’ assistance and advice.

The majority judgement was handed down by Chief Justice Dipak Misra and Justices Sikri and Khanwilkar.

The Court stated that “all decisions of the Council of Ministers,who are elected representatives of the people of Delhi,” “shall be conveyed to the Lieutenant Governor, but his consent is not required.” The court stated, “There is no room for absolutism, and there is no room for anarchy.”. It further stated that the LG should not operate mechanically and stall the Council of Ministers’ decisions.

Conclusion

We can conclude that A lieutenant governor is the head of a union territory in India. Only the union territories of Andaman and Nicobar Islands, Ladakh, Jammu and Kashmir, Delhi, and Puducherry hold the rank (the other territories also have a lieutenant governor appointed, who is usually a member of the ruling party in the Indian government). However, the governor of Punjab also serves as Chandigarh’s lieutenant governor. Lieutenant governors are not on the same level as state governors in terms of precedence.