Be Mains Ready

Approach

• Briefly introduce the powers and duties of Governor and LGs.
• Compare their roles citing constitutional provisions and SC/HC judgments.
• Explain the role played by them in either maintaining or undermining the federal nature of Indian state.
• Conclude by giving recommendations for their proper functioning.

Introduction

Indian political system has both unitary and federal features. This has made the office of Governor and Lieutenant Governor a necessity in a parliamentary form of government. They are an important link between the Union and the States and UTs, especially with a view to uphold the unity and integrity of the nation. However, the roles and responsibilities of the Governor differ from that of Lieutenant Governor.

Body

States -> Governor

• The Governor is the chief executive head of state appointed by the President and acts as the ‘agent of the Union’.
• Governor has executive, legislative, financial and judicial powers mentioned in Part VI of the constitution. Apart from constitutional powers, there are some discretionary powers of Governor as well.
• There are some states where Governor has special powers:
  • Special responsibility of Governor for some states mentioned in Articles 371-371-J in Part XXI of the constitution.
  • For example: for maintaining law and order(Nagaland), welfare of tribal people(Assam), etc.

UTs -> Administrator

• As per Article 239, every Union Territory in India shall be administered by the President of India, through an administrator to be appointed by him. It is called Lieutenant Governor (LG) in Andaman and Nicobar Islands, Delhi and Puducherry. Thus, Lieutenant Governor is an administrator and not a constitutional head like Governor of states.

The functions and powers of a Governor and a LG are, more or less, the same. The LG, like the Governor, acts a titular head of the Union Territory. There are certain differences in their roles as well.

• The powers of LG are wider than that of a Governor in certain circumstances. This is because, in general, Governor of a state has to act solely on the aid and advice of the Council of Ministers, whereas, the LG does not need the approval of the Council of Ministers on every matter.
• Chief Ministers of Delhi and Puducherry are appointed by the President and not by LG, whereas the Chief Ministers of states are appointed by the Governor.

Difference Between the Roles of Governor and LG

There is a difference not only in the role of Governor and LG but also between different LGs as well.

• The LG of Delhi has “Executive Functions” that allows him to exercise his powers in matters connected to public order, police and land.
• While the LG of Delhi is also 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 LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963.
• The 69th Constitutional Amendment Act, 1991 (amended article 239AA of the Constitution), as well as the Government of National Capital Territory of Delhi Act, 1991, has given Delhi with a special status, where the Centre, whose eyes and ears are the LG, has a much more prominent role than in Puducherry.

Hence, it can be said that LG of Delhi enjoys greater powers than the LG of Puducherry. In the case of Delhi, since portfolios like land, police and public order fall under the domain of the Centre, of which the Lt. Governor is a representative, he holds more powers than a Governor.

However, the role of Governors and LGs are criticized in certain circumstances.

Concerns

• Power tussle between Governor/LG and elected representatives:
  • Recent conflict between LG of Pududcherry and the Chief Minister of Puducherry
  • Similarly, frequent conflicts between Delhi Chief Minister and LG.
• Misuse of their discretionary powers.
  • Governor of Arunachal Pradesh advanced the session of assembly by one month in 2016. Supreme Court in Nebam Rebia v/s Union of India, 2016 held this unconstitutional and declared that the discretionary powers of the Governor has to be interpreted by applying harmonious construction between Article 163 and Article 154.
  • Dissolution of Jammu and Kashmir assembly by Governor in 2018 on apprehension of horse trading.

Way Forward

• There is a need for definite clarity in the laws and constitutional provisions. For Ex: Article 239AA has been interpreted differently by Delhi Chief Minister and LG.
• Need of cooperation and coordination. Supreme Court in Feb 2019 (during the ruling on the limits of the L-G’s powers in Delhi) had stressed the need for the LG as well as people’s representatives to ‘function in harmony within constitutional parameters’.
• Generally tussle is because of different political inclinations of the office holders. This results in failure of governance and hampers the democratic functioning of the state/UT.
• Hence, Governor/LG needs to play his role effectively to maintain constitutional provisions and bring peace and stability in the region keeping in mind overall national interests, and not partisan party interests.

The government as well as the LG should be true to the concept of democratic principles. Otherwise, the constitutional scheme of the country of being democratic and republic would be defeated.