Powers of Lieutenant Governor in India

Article 239 of the Indian Constitution says that- Notwithstanding anything contained in Part
VI, the President may appoint the Governor of a State as the administrator of an adjoining
Union territory, and where a Governor is so appointed, he shall exercise his functions as such
administrator independently of his Council of Ministers. It is called Lieutenant Governor in
Andaman and Nicobar Islands, Delhi, Jammu Kashmir, Ladakh and Puducherry. Thus,
Lieutenant Governor is an administrator and not a constitutional head like governors of states.

A Governor and a Lieutenant Governor have the same roles and powers, more or less. Unlike
the governor, the LG serves as Union Territory's titular head. But an LG's powers are greater
than a Governor's. This is because a state governor has to act solely on the Council of
Ministers ' assistance and advice, whereas the LG does not need the Council of Ministers '
approval on every matter. In Delhi's case the government does not exercise any power in the
land, law, and police domain. In certain circumstances, LG's powers are broader than a
Governor's. This is because, in general, a state governor has to act solely on the Council of
Ministers ' assistance and advice, whereas the LG does not need the Council of Ministers '
approval on all matters.

In the event of a difference of opinion on any matter between the LG and his ministers, the
administrator is obliged to refer it to the president for a decision and to act according to the
president's decision. The administrator can also claim the matter is urgent, however, and take
immediate action as he deems it necessary. Under Section 22 of the Government of Union
Territories Act, 1963 , prior sanction of the Administrator is required for certain legislative
proposals. These include Bills or amendments that the Council of Ministers intends to move
in the Legislative Assembly, and which deal with the “constitution and organisation of the
court of the Judicial Commissioner”, and “jurisdiction and powers of the court of the Judicial
Commissioner with respect to any of the matters in the State List or the Concurrent List”.

ROLE OF LIEUTENANT GOVERNOR IN DELHI

Article 239AA was added to the constitution by the 69th Constitutional Amendment Act,
1991, The Union Territory of Delhi is recognized as the National Capital Territory of Delhi,
and its Administrator designated as Lieutenant Governor pursuant to Article 239.
(Article 239AA)
The Sec. 41 of the GNCT (Government of National Capital Territory) of Delhi Act, 1991
clarifies that the Lieutenant Governor shall act in his discretion during a matter that falls
outside the range of the powers conferred on the Legislative Assembly. If the Lt. Governor is
required to act at his discretion under any law, then his decision on that case will be final. The
Lt. Governor exercises his authority with respect to matters concerning police, public order
and land to the extent delegated to him by the President. Lt. Governor is Ex-officio Chairman
of DDA, but he exercises his executive functions under various Acts / Rules / Regulations, as
applicable in Delhi, through the Appellate Authorities. In the event of a difference of opinion
on any matter between the Lieutenant Governor and his Ministers, the Lt. Governor can refer
it to the President for decision and act according to the President's decision on the matter.

DIFFERENCE OF ROLE BETWEEN THE LIEUTENANT GOVERNOR

IN DELHI AND PUDUCHERRY

Delhi's LG possesses greater power than Puducherry's LG. The Delhi LG has "Executive
Functions" which enable it to exercise its powers in matters relating to public order, police
and land "in consultation with the Chief Minister, if so, provided by any order issued by the
President pursuant to Article 239 of the Constitution. '

While the Delhi L-G is guided by the Government of National Capital Territory of Delhi Act,

1991, and the Transaction of Business of the Government of National Capital Territory of
Delhi
Rules,1993,the Puducherry LG is guided by the 1963 Government of Union Territories Act.
Articles 239 and 239AA of the Constitution, as well as the 1991 Delhi Act on the
Government of the National Capital Territory, clearly underline that the role of the Center is
more prominent in the Delhi UT, where the L-G is the Centre's eyes and ears. The
Constitution provides that the Delhi Assembly has the power to legislate on all matters except
law and order and land.