Do the lieutenant Governors have more powers than the Governors of the States? Explain. (2018, 15 Marks)
A Governor is the constitutional head of a state with its own legislative field (Arts. 153–163). A Lieutenant Governor (LG) is the President’s administrator of a Union Territory (Art. 239). Five of the eight UTs have LGs: Delhi, Puducherry, J&K, Ladakh, and Andaman and Nicobar. In status the Governor ranks higher. In operational power over an elected government, the LG is generally stronger.
Why LGs are stronger
| Dimension | Governor | Lieutenant Governor |
|---|---|---|
| Basis | Head of a state (Art. 155) | Agent of the President (Art. 239) |
| Reserved domain | None; the State List belongs to the ministry | Delhi: police, public order, land (Art. 239AA) |
| Disagreement with ministers | Must act on advice outside discretion (Art. 163) | May refer any difference to the President and act meanwhile (proviso to Art. 239AA(4); s. 44, Puducherry Act 1963) |
| Civil services | State government controls them | Contested or vested in the LG |
- Without a legislature (Andaman and Nicobar; Ladakh), the LG is effectively the government, answerable only to the Union.
- Delhi. The GNCTD (Amendment) Act 2021 defined “Government” as the LG and required his opinion before executive action. The Constitution Bench of 11 May 2023 gave the elected government control of services, but the GNCTD (Amendment) Act 2023 reversed it: the National Capital Civil Services Authority is chaired by the Chief Minister, but two officials can outvote him and the LG has the final word. In August 2024 the Supreme Court also upheld the LG’s power to nominate municipal aldermen without ministerial advice.
- Jammu and Kashmir. Under the Reorganisation Act 2019, police, public order, the All-India Services and the Anti-Corruption Bureau lie with the LG. The July 2024 business-rule amendments extended his control to law officers and prosecution sanctions, and he nominates five MLAs.
- Puducherry (Art. 239A) has a statutory legislature. In 2018 the Supreme Court upheld the Union’s nomination of three MLAs without consulting the elected government. The Kiran Bedi years (2016–21) brought open conflict and litigation.
The nuance
- During the hearings in November 2017, the Constitution Bench observed that the Delhi LG prima facie had primacy. Its judgment in Government of NCT of Delhi v. Union of India (2018) then held him bound by aid and advice on matters within the Assembly’s competence, with reference to the President kept for exceptional disputes.
- Governors have their own weapons: Article 163(2) makes them judges of their own discretion. They report under Art. 356, reserve bills under Art. 200, and in practice use delay, as the Tamil Nadu and Punjab assent disputes showed.
- The Governor’s discretion is episodic; the LG’s power is structural, built into the territory’s design.
Conclusion
Yes, LGs generally have more power, but it is the power of the Union exercised through an administrator. It peaks where no legislature exists and is lighter in Puducherry. A Governor brings the Union’s presence into a state; an LG makes the Union itself the government. Hence statehood and control of services are the central demands in Delhi and J&K.