Governor & Lieutenant Governor in India

Governor & Lieutenant Governor in India

TABLE OF CONTENTS

  1. Introduction
  2. Constitutional Position
  3. Appointment of Governor
  4. Qualifications
  5. Oath & Terms
  6. Powers of the Governor
    • Executive Powers
    • Legislative Powers
    • Financial Powers
    • Judicial Powers
    • Discretionary Powers
    • Emergency Powers
  7. Role & Importance
  8. Constitutional Articles Related to Governor
  9. Lieutenant Governor: Introduction
  10. Appointment & Powers of Lieutenant Governor
  11. LG vs Governor: Key Differences
  12. Important Supreme Court Judgments
  13. Issues & Controversies
  14. Summary

1. Introduction

The Governor is the constitutional head of a state, similar to the President at the Union level.
The Lieutenant Governor (LG) functions similarly in Union Territories (UTs), especially Delhi, Puducherry, and Andaman & Nicobar Islands.

They ensure that state/UT governments run constitutionally.

2. Constitutional Position of Governor

Articles 153–167 deal with State Executives:

  • Art. 153 — Governor for each state
  • Art. 154 — Executive power of the state
  • Art. 155 — Appointment
  • Art. 156 — Term
  • Art. 157–158 — Qualifications
  • Art. 159 — Oath
  • Art. 160 — Contingency provisions
  • Art. 161 — Pardoning powers
  • Art. 163 — Governor to act on aid & advice
  • Art. 164 — Council of Ministers
  • Art. 167 — Duties of CM towards the Governor

The Governor is nominal head; real power is with the Chief Minister & Council of Ministers.

3. Appointment of Governor (Article 155)

  • Appointed by the President of India.
  • Appointment is made on the advice of the Union Council of Ministers—not an elected position.

Governor for One or More States (Art. 153)

  • Same person can be Governor for two or more states (e.g., Goa + Maharashtra earlier).

4. Qualifications (Art. 157)

  1. Citizen of India
  2. Minimum age: 35 years

5. Conditions of Office (Art. 158)

  • Must not be a member of Parliament or State Legislature
  • Must not hold any office of profit
  • Entitled to official residence and salary
  • Free from political pressure (in theory)

6. Oath & Term (Articles 159 & 156)

Oath

Administered by Chief Justice of High Court.

Term

  • Tenure: 5 years
  • But holds office “during the pleasure of the President”
    → Can be removed anytime without reason.

Resignation

  • Submits resignation to the President.

7. Powers of the Governor

A. Executive Powers (Art. 154)

  1. Appoints:
    • Chief Minister
    • Council of Ministers
    • Advocate General
    • State Election Commissioner
    • Chairman & Members of State Public Service Commission (President removes them, Art. 317)
  2. All executive actions of state are taken in the name of the Governor.
  3. Can seek information from the CM (Art. 167).

B. Legislative Powers

  1. Summons, prorogues, and dissolves State Legislature (Art. 174).
  2. Addresses the first session of the legislature.
  3. Can send messages to the House.
  4. Bills become laws only with Governor’s assent.
  5. Can reserve bills for President (Art. 200).
  6. Nomination powers:
    • Earlier: 1 Anglo-Indian MLA (Abolished in 2019).
    • 1/6th members to Legislative Council (for expertise).

Ordinance Making Power (Art. 213)

  • When Legislative Assembly is not in session.
  • Same effect as a law.
  • Must be approved within 6 weeks of reassembly.

C. Financial Powers

  1. Budget is presented to House with Governor’s permission.
  2. Money Bills can be introduced only with his recommendation.
  3. Responsible for Contingency Fund of the State.

D. Judicial Powers

  1. Appoints judges of subordinate courts (in consultation with High Court).
  2. Has power of pardon, reprieve, commutation (Art. 161) except for:
    • Court Martial
    • Matters under Union Law
    • Death sentences (only President can pardon)

E. Discretionary Powers (Art. 163)

Governor acts without advice of Council of Ministers in these cases:

  1. Appointment of CM when no clear majority.
  2. Dismissal of Government when it loses majority.
  3. Sending report to President under Art. 356 (President’s Rule).
  4. Reservation of Bills for the President.
  5. Deciding on floor test.
  6. Special responsibilities in certain states (Assam, Nagaland, Manipur, Mizoram).

F. Emergency Powers

During President’s Rule (Art. 356):

  • Governor acts as the representative of the President
  • State government is dismissed
  • Legislature may be suspended/dissolved
  • Governor administers state directly

8. Constitutional Articles Related to Governor (Quick Table)

ArticleProvision
153Governor for each state
154Executive power
155Appointment
156Tenure
157Qualifications
158Conditions of office
159Oath
161Pardon powers
163Governor + Council of Ministers
164Appointment of CM/Ministers
174Summoning sessions
175Addressing House
200Assent to Bills
201President’s assent to State Bills

9. LIEUTENANT GOVERNOR (LG): Introduction

LG functions in Union Territories.

UTs with LG:

  1. Delhi
  2. Puducherry
  3. Andaman & Nicobar Islands

UTs with Administrators (not LG):

  • Chandigarh
  • Lakshadweep
  • Dadra & Nagar Haveli & Daman & Diu
  • Ladakh

10. Appointment of Lieutenant Governor

  • Appointed by President of India.
  • He is not elected.
  • Similar tenure: 5 years but serves “during the pleasure of the President”.

11. Powers of Lieutenant Governor

A. Executive Powers

  • Head of administration in UTs.
  • Appoints Chief Minister and Council of Ministers (in Delhi & Puducherry).
  • More authority than Governor because UTs are under Union.

B. Legislative Powers

  • Delhi & Puducherry have elected assemblies.
  • LG can reserve bills for President.
  • LG’s opinion is binding if matter relates to:
    • Police
    • Public order
    • Land (Delhi)

C. Discretionary Powers

Delhi (Article 239AA)

  • LG can refer disagreements with CM to President.
  • President’s decision is final.

Puducherry (Art. 239A)

  • LG has wider discretionary powers.

Andaman & Nicobar LG

  • Absolute administrative control (no elected government).

12. Governor vs Lieutenant Governor — Key Differences

FeatureGovernorLG
AdministersStateUnion Territory
Appointed byPresidentPresident
Elected govtYes (state)Only Delhi & Puducherry
Discretionary powersLimitedMuch wider
Authority over CMModerateExtensive (especially in Delhi)
Constitution Articles153–167239–239AA

13. Important Supreme Court Judgments

1. S.R. Bommai Case (1994)

  • Governor cannot misuse Art. 356
  • Floor test is ultimate proof of majority

2. Nabam Rebia Case (2016) — Arunachal Pradesh

  • Governor cannot interfere in legislative functions
  • Limited discretionary power

3. Delhi LG Case (2018 & 2023)

  • Elected government of Delhi handles day-to-day administration
  • LG should act on aid & advice
  • But Centre controls police, land, public order

14. Issues & Controversies

  1. Political misuse of Governor’s office
  2. Governor acting without advice of CM
  3. Delay in giving assent to state bills
  4. Tussle between LG & elected governments in:
    • Delhi
    • Puducherry
    • West Bengal
    • Tamil Nadu
    • Kerala
  5. Questions on federalism and constitutional morality

15. Summary

  • Governor is the ceremonial head of the state, appointed by the President.
  • Works mostly on aid and advice of the Council of Ministers.
  • Has discretionary powers, especially in unclear majority situations.
  • LG is the administrative head of UTs and has greater powers than Governors.
  • Supreme Court has repeatedly limited arbitrary use of powers.
  • Both offices are key components of India’s quasi-federal structure.

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