LIEUTENANT GOVERNOR (L-G) - POLITY
News: SC:
How can L-G act without aid, advice of council of ministers?
What's in the news?
● The
Supreme Court observed as to how the Lieutenant Governor(L-G) can act “without
aid and advice” of the council of ministers in nominating 10 members to the
Municipal Corporation of Delhi (MCD).
Key takeaways:
● The
functions and powers of a Governor and a Lt. Governor are, more or less, at par
with each other. The Lt. The Governor, like the Governor, can act as titular
head of the Union Territory.
● However,
the powers of an Lt. Governors are wider
than that of a Governor in a few instances. The reasoning behind this is
that a Governor of a state is under a compulsion to act solely on the aid and
advice of the Council of Ministers of such a state, whereas the Lt. Governor
does not need such approval from the Council of Ministers on every matter,
barring a few instances.
Difference between Lieutenant Governor and Governor:
|
Governor |
Lieutenant
Governor |
|
The
Governor of a state is appointed under Article
153 of the Constitution of India. |
As
per Article 239, every Union
Territory in India shall be administered by the President, through
appointment of an administrator. A Lieutenant Governor shall be appointed in
the UTs of Andaman and Nicobar Islands, Puducherry, and Delhi. |
|
The
Governor shall be regarded as the constitutional
head of their respective States. |
Lt.
Governor shall be regarded as an administrator
of the UT and not a constitutional head. |
|
Articles
153 to 167 of Constitution of India deal with the provision of State
Executive (Government, Chief Ministers, Council of Ministers & Advocate
General of the states). |
Articles
239 to 241 of Constitution of India deal with the provisions relating to
Union Territories. |
|
States
have their own government. |
Union
Territories fall under the direct governance by the Union of India. |
|
The
Governors are subjected to work as per the advice of the Council of Ministers
of their respective state. |
In
this regard, the Lt. Governor of Delhi shall hold more power than that of a
Governor of any state. The Governor is not
under any compulsion to follow the advice of the Council of Ministers as
well. |
Article 239AA:
● The
'Union Territory of Delhi' came to be known as the 'National Capital Territory
of Delhi' (NCT).
● The
'Lieutenant Governor' (LG) became the administrator of the NCT.
● A
Legislative Assembly with the power
to make laws for the NCT with respect to the matters in the State List and
Concurrent List of the Constitution was set up.
● However,
the Legislative Assembly was not empowered to make laws on public order, the
police, and land.
● A
Council of Ministers and a Chief Minister for Delhi was set up to aid and
advise the LG on those matters that the Legislative Assembly was empowered to
make laws on.
● In case of a difference
of opinion, LG shall refer it to the President for decision and act according
to the decision given thereon by the President.
Article 239AB:
● It
provides for president's rule in Delhi
when the administration of the territory cannot be carried on in accordance
with the provisions of Article 239AA. The President's rule is imposed on a
report from the LG.
The Government of National Capital Territory of Delhi
(Amendment) Act, 2021:
● It
amended the Sections 21, 24, 33 and 44 of the Government of National Capital
Territory of Delhi Act, 1991.
Key provisions of the Amendment:
1. Meaning of government -
The Amendment Act mentions that the term "government" in any law made
by the Legislative Assembly shall mean the L-G.
2. Lt. Governor's upper hand - The
act makes it necessary for the Delhi government to obtain the opinion of the
lieutenant governor before taking any executive action.
3. Making rules
- The Amendment Act bars the Assembly or its committees from making rules to
take up matters concerning day-to-day administration, or to conduct inquiries
in relation to administrative decisions.