A Check or a Hurdle? The Contested Role of Lieutenant Governors in Indian Democracy

Article 239 says that every Union Territory shall be administered by the President, through an administrator appointed by him. (Image:India Today)

 Introduction: In India, a Lieutenant Governor (LG) is the constitutional head of the Union Territories (UTs) which are directly administered by the Union government. They are appointed by the President and primarily play a ceremonial role. Article 239 says that every Union Territory shall be administered by the President, through an administrator appointed by him. The President decides the designation of the administrator, as an Administrator, Lieutenant Governor (LG), or Chief Commissioner.

Historical Evolution of Lieutenant Governors:

• Colonial Period:

1. The British created the post of the Lieutenant Govenor to govern large provinces which were difficult to administer by a single Governor-General.
2. The Lieutenant Governor was made subordinate to the Governor-General, responsible for day-to-day administration, while the Governor-General dealt with more important matters.
3. The Lieutant Governor was purely an administrative and executive body, directly answerable to the Governor-General. For example, Sir Andrew Fraser, the Lieutenant Governor at the time of the Partition of Bengal in 1905, was subordinate to the Viceroy Lord Curzon.

• Post-Independence Era:

1. The States Reorganisation Act of 1956 reorganized the states on linguistic basis and merged Part C and Part D states into a new category called the Union Territories (UT).
2. The Government of Union Territories Act, 1963 marked a turning point for the administrator's role, from purely executive to more consitutional.
3. Under the 69th Consitutional Amendment Act, 1991, the Lieutenant Governor was officially designated as the administrator of the National Capital Territory of Delhi (NCT).

Constitutional Framework about the Lieutenant Governors:

• Article 239: Every Union Territory (UT) shall be administered by the President through an administrator. The President can designate the administrator as Lieutenant Governor, Chief Commissioner, or Administrator.
• Article 239 AA: Added by the 69th Amendment Act, 1991, it designated the UT of Delhi as the National Capital Territory of Delhi and its administrator as the Lieutenant Governor.
• Article 239 AB: It empowers the President of India to suspend the provisions of Article 239AA in NCT Delhi on a report from the LG, specifying that a situation has arisen such that the administration of the NCT cannot be carried on in acccordance with the provisions of the Constitution.

Appointment, Qualification and Tenure of Lieutenant Governors:

• Appointment: Lieutenant Governors are appointed by the President by a warrant under his hand and seal. The President acts on the aid and advice of the Council of Ministers, particularly the Ministry of Home Affairs.
• Qualification: The Constitution does not outline any specific qualification for appointment into the post of the Lieutenant Governor. However, as per convention, he must be a citizen of India and must have completed the age of 35 years.
• Tenure: The Lieutenant Governor holds office under the pleasure of the President. Hence, he can be removed at any time by the President.

Powers of Lieutenant Governors:

• Executive Powers:

1. The Lieutenant Governor is the administrative head of the UT. All administrative actions are taken in his name.
2. He acts on the aid and advice of the Council of Ministers, headed by the Chief Minister.
3. In case of Delhi, the Lieutenant Governor is not bound by the advice of the Council of Ministers on certain 'reserved subjects' including police, public order, and land.
4. The Lieutenant Governor appoints the Chief Minister and other Ministers on the advice of the Chief Minister.

• Legislative Powers:

1. The Lieutenant Governor summons, prorogues, and dissolves the Legislative Assembly.
2. A bill passed by the Legislative Assembly becomes a law only after the LG gives his assent. The Lieutenant Governor can either give his assent, withhold his assent, or reserve the bill for the consideration of the President.
3. The LG can promulgate ordinances, on the advice of the President, when the Assembly is not in session.

• Financial Powers:

1. The Lieutenant Governor is responsible for laying the annual financial statement (budget) before the Legislative Assembly.
2. The Lieutenant Governor's recommendation is mandatory for introducing money bills in the Assembly.

Privileges of Lieutenant Governors:

• The Lieutenant Governors enjoy personal immunity from legal proceedings for official acts done by him in the exercise of his duties. (Article 361)
• No criminal proceedings can be initiated against him during his term of office.
• He is entitiled to such emoluments, allowances, and privileges as may be determined by the President. They cannot be diminished during his term of office.

Removal of Lieutenant Governors:

• There is no formal procedure of impeachment of the Lieutenant Governors unlike the President of India.
• The LG holds office during the pleasure of the President. The President can remove the Lieutenant Governor at any time without any specific procedure or grounds.
• B.P. Singhal vs. Union of India (2010): The Supreme Court held that the 'pleasure doctrine' cannot be exercised in an arbitrary manner.

Significance of Lieutenant Governors:

• The Lieutenant Governor serves as the link between the Centre and the Union Territories, ensuring that the Union's interests are upheld.
• Lieutenant Governors in the UTs without a legislature help the Union to maintain control over strategically important areas such as Ladakh.
• Lieutenant Governors ensure that the administration of UTs are carried on in accordance with the provisions of the Constitution.
• In the UTs with an assembly, Lieutenant Governors act as a check on the elected government.
• In India's complex framework of quasi-federal polity, the LGs act the lynchpin of its unique nature.

Issues with Lieutenant Governors:

• Vague terms including the 'difference of opinion' as mentioned in Article 239AA often generate conflicts between the LG and the Council of Ministers such as in Delhi.
• The Lieutenant Governor's power to refer any matter to the President can paralyze the administration, affecting socio-economic development.
• The LG often holds immense control over the bureaucracy and administrative services, a point of  friction between the LG of Delhi and its elected government.
• The Lieutenant Governor as an appointed official is not accountable to the people of the UT which often creates a democratic deficit when the LG's decisions override those of the elected government.
• The requirement for the LG's approval for a number of financial decisions and bills can often sometimes lead to delays and create tension between the executive and the legislature.
• The conflicts between the Lieutenant Governor and the elected government strain centre-state relations and undermine the principle of cooperative federalism.

The Way Forward:

• There should be clarity over vague and ambiguous provisions so as to minimise conflicts between the LG and the elected government.
• The Chief Minister of the UT should be consulted before the appointment of the LG to foster a better working relationship.
• Full statehood to the UTs like Delhi and Puducherry would bring them on par with other states, and the LG's role should be made purely consitutional, like that of the Governor.
• Providing a fixed tenure for the LG could reduce the fear of arbitrary removal and allow him to function more independently.

Conclusion: Addressing the issues with the office of Lieutenant Governors will not only enable them to function more independently, but also transform them into agents of change. In fact, in present times, when centre-state conflicts have become very common, these reforms have become the need of the hour. Hence, the government should display due diligence to fastrack these reforms, to ensure a healthy federal culture.