Lieutenant Governor of a Union Territory

A Lieutenant Governor is the President-appointed administrator of certain Union Territories, including those having elected legislatures. The office combines Union administration with responsibility for working alongside a Council of Ministers, but its precise powers depend on the Constitution and the parliamentary law governing that Union Territory.

Constitutional position

Under Article 239, every Union Territory is administered by the President through an administrator appointed by the President. Article 239A enables Parliament to provide a legislature and Council of Ministers for Puducherry, while Article 239AA establishes the special framework for the National Capital Territory of Delhi. Jammu and Kashmir has a legislature under the Jammu and Kashmir Reorganisation Act, 2019.

Relationship with the elected government

The Lieutenant Governor normally acts on the aid and advice of the Council of Ministers in matters within the legislative competence of the Assembly, except where the Constitution or governing law requires discretion. Where a difference arises, the matter may be referred to the President; urgent interim action may be taken where the applicable provision permits it.

• The Lieutenant Governor appoints the Chief Minister and, on the Chief Minister's advice, the other ministers.
• The Lieutenant Governor performs legislative functions such as summoning the Assembly and dealing with bills, including reserving specified bills for the President's consideration.
• The exact field of discretion differs among Delhi, Puducherry and Jammu and Kashmir.

Union Territory character and limits

A legislature does not convert a Union Territory into a State. Under Article 246(4), Parliament can legislate for any Union Territory even on State List subjects, while each Assembly exercises only the competence granted by its constitutional or statutory framework.

• The Lieutenant Governor is an administrator under Part VIII, not a Governor under Part VI of the Constitution.
• The office links an elected territorial government with the Union executive, creating a structure of shared but asymmetrical authority.

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