Do the Lieutenant Governors have more powers than the Governors of the States? Explain. (UPSC CSE Mains 2018 - Political Science and International Relations, Paper 1)
- The governor can be regarded as the chief-executive head of the state. The governor shall act as the nominal head in exercise of his powers, whereas the real power which has been guaranteed under the constitution, lies with the Chief Ministers of the states and their councils of Ministers.
- The governor shall also act as an agent of the central government of India. Therefore, the office of governor must undertake a dual role in its functioning. In normal circumstances, a governor has been appointed for each state, but the provisions under the 7th Constitutional Amendment Act of 1956 have facilitated the appointment of the same person as a governor for two or more states, if need be.
- Furthermore, the functions and powers of a Governor and a Lt. Governor are, more or less, at par with each other. The Lt. Governor, like the Governor, can act a titular head of the Union Territory. However, the powers of an Lt. Governor are wider than that of a Governor in 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 state, whereas the Lt. Governor does not need such approval from the Council of Ministers on every matter, barring a few instances.
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Governor
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Lt. Governor
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The Governor of a state is appointed under Article 153 of the Constitution of India.
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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.
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The Governor shall be regarded as the constitutional head of their respective States.
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Lt. Governor shall be regarded as an administrator of the UT and not a constitutional head.
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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).
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Articles 239 to 241 of Constitution of India deal with the provisions relating to Union Territories.
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States have their own government.
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Union Territories fall under the direct governance by Union of India.
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The Governors are subjected to work as per the advice of the Council of Ministers of their respective state.
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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.
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In an observation made in November 2017, the Supreme Court said that the Lt. Governor of Delhi has more powers than the Governor of a State — he does not have to listen to the advice of the Council of Ministers. 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. The post of Governor and Lt governor has always been the subject of controversy in the Indian federal setting and they are accused of being the agent of central governments who try to distort an unfavourable state government. But these seats are important as they provide continuity and a link between the two levels of the government.
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