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Key Takeaways

  • Who is Lieutenant Governor?
  • Functions, powers, and role of Lt. Governor.
  • A comparative analysis between the State Governor and the Lt. Governor.

Introduction

A Union Territory is headed by a Lieutenant Governor, who is a nominal head. The lieutenant governor is appointed by the President of India for a period of five years and serves at the pleasure of the President. The Union Territory of Andaman and Nicobar Islands, Delhi, Jammu Kashmir, Ladakh, and Puducherry, has their own Lieutenant Governor. The lieutenant governor's function is ceremonial, comparable to that of a state's Governor in the union territories of Delhi, Jammu and Kashmir, and Puducherry, which enjoy a measure of self-government with an elected Legislature and Council of Ministers. The lieutenant governor, who is both the head of state and the head of government in the Andaman and Nicobar Islands and Ladakh, has considerable power.

Functions and Powers of LG

  • The Lieutenant Governor shall summon the assembly from time to time and may also prorogue or dissolve the Legislative Assembly.
  • At the start of the first session after the general election, and at the start of the first session of each year, the Lieutenant Governor should address the Legislative Assembly.
  • A Bill or amendment shall not be brought into, or moved in, the Legislative Assembly until the Lieutenant Governor recommends it unless the Bill or Amendment provides for any of the following:
  1. the imposition, abolition, remission, alteration, or regulation of any tax;
  2. the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory;
  3. the appropriation of funds from the Union territory's Consolidated Fund;
  4. the declaration of any expenditure to be expenditure charged on the Union territory's Consolidated Fund or the increasing of the amount of any such expenditure;
  5. the receipt of money on account of the Consolidated Fund of the Union territory or the public account of the Union territory
  • When the Legislative Assembly passes a bill, it is given to the Lieutenant Governor for his approval or disapproval, or for him to reserve the bill for consideration by the President.
  • The Lieutenant Governor appoints the Chief Minister, while the Lieutenant Governor appoints the other Ministers on the advice of the Chief Minister. The Ministers are appointed by the Lieutenant Governor and serve at his pleasure. The Lieutenant Governor must administer the oaths of office and secrecy to a Minister before he can begin his duties. The Lieutenant Governor shall make rules on the advice of the Council of Ministers. On the advice of the Council of Ministers, the Lieutenant Governor will adopt rules.
  • The Lieutenant Governor is responsible for holding the UT's Contingency Fund in order for him to make advances from it.
  • The accounts of the Union territory shall be kept in the form that the Lieutenant Governor may prescribe by rules, after consulting with the Comptroller and Auditor General of India.
  • The Comptroller and Auditor-General of India's reports on Union territory accounts must be presented to the Lieutenant Governor, who will have them laid before the Legislative Assembly.
  • If the President is satisfied, on receipt of a report from the Lieutenant Governor or otherwise, that a situation has arisen in which the administration of a Union territory cannot be carried on in accordance with the provisions, or that it is necessary for the proper administration of Union territory, the President may suspend the operation by order.
  • The Lieutenant Governor shall nominate an Advocate-General for the Union territory who is qualified to be appointed a High Court Judge. The Lieutenant Governor appoints the Advocate-General, who serves at the Lieutenant Governor's discretion and is paid as the Lieutenant Governor sees fit.

Comparison of Lt. Governor with a State Governor

  • The functions and abilities of a Governor and a Lieutenant Governor are nearly identical.
  • Unlike the governor, the LG is the nominal head of the Union Territory. However, an LG has more authority than a Governor. This is due to the fact that a state governor must act entirely on the advice and aid of the Council of Ministers, whereas the LG does not require the Council of Ministers' consent on every issue.
  • LG's powers are sometimes greater than those of a Governor. In the case of Delhi, the portfolios like land, police, and public order are under the Central Government, of which the Lt. Governor is a representative, therefore, he holds more powers than a State Governor. He does not have to listen to the advice of the Council of Ministers.
  • In the event of a disagreement between the LG and the CoM on any topic, the Administrator is required to send the matter to the President for a judgment and to act in accordance with the President's decision. However, the administrator might declare that the situation is urgent and take whatever action he sees appropriate.
  • Certain legislative measures require the Administrator's prior approval under Section 22 of the Government of Union Territories Act, 1963. These bills or amendments deal with the "Constitution and Organization of the Court of the Judicial Commissioner," as well as the "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," which the Council of Ministers intends to move in the Legislative Assembly.

Conclusion

The Indian government is divided into two parts: the central government and the state governments. There are, however, some territories in India that are too tiny to be classified as states but are self-governing. As a result, they are designated as Union Territories, and the Union government assumes responsibility for their administration. These UTs are led by President. Lt. Governor is a representative of the President and acts on the aid and recommendation of the Council of Ministers of the Union Territory.


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