Score:
4.5/10
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Topper’s Copy
GS2
Indian Polity
10 marks
Discuss the constitutional position, powers, and functions of the Lieutenant Governor in Union Territories with special reference to Delhi.
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Constitutional position of LG in UTs
- Powers and functions of LG
- Special reference to Delhi's unique status
- Constitutional provisions and legal framework
What you wrote:
The Lieutenant Governor (LG) functions as administrator of Union Territories under Article 239, but Article 239AA grants Delhi a unique status.
The Lieutenant Governor (LG) functions as administrator of Union Territories under Article 239, but Article 239AA grants Delhi a unique status.
Suggestions to improve:
- Could elaborate on Delhi's quasi-state status (e.g., Delhi being the only UT with a Legislative Assembly and Council of Ministers under Article 239AA)
- Can contextualize LG's dual role as both UT administrator and representative of President in national capital
What you wrote:
[DRAWING: A central oval is labelled "Powers & Functions". It has three lines branching out to three other ovals.
The oval on the left is labelled "Executive". Text below it reads: "LG is bound by 'aid & advice' of Council of Ministers except on 'reserved' subjects such Public Order, Police & Land where he exercises absolute authority."
The oval on the right is labelled "Legislative". Text below it reads: "Includes summoning the Assembly & reserving Bills for President's consideration."
The oval at the bottom is labelled "Discretionary."]
[DRAWING: A central oval is labelled "Powers & Functions". It has three lines branching out to three other ovals.
The oval on the left is labelled "Executive". Text below it reads: "LG is bound by 'aid & advice' of Council of Ministers except on 'reserved' subjects such Public Order, Police & Land where he exercises absolute authority."
The oval on the right is labelled "Legislative". Text below it reads: "Includes summoning the Assembly & reserving Bills for President's consideration."
The oval at the bottom is labelled "Discretionary."]
Suggestions to improve:
- Could detail Article 239A provisions (e.g., LG acts on aid and advice except in matters where President/LG has discretionary powers)
- Can include comparison with Puducherry's LG powers under Article 239A to highlight Delhi's unique position
- Could mention Article 239AB regarding disqualification of MLAs in Delhi
What you wrote:
Under GNCTD (Amendment) Act, 2021, "Government" in Delhi means LG, expanding his oversight or executive decisions.
Critical Dimension:
1) Frequent friction exists over administrative control.
2) In GNCTD v Union of India (2018), Supreme Court ruled the LG is not an "independent decision maker" & must respect the representative democracy, though 2023 ruling & subsequent Ordinance reaffirmed Central control over "Services."
Under GNCTD (Amendment) Act, 2021, "Government" in Delhi means LG, expanding his oversight or executive decisions.
Critical Dimension:
1) Frequent friction exists over administrative control.
2) In GNCTD v Union of India (2018), Supreme Court ruled the LG is not an "independent decision maker" & must respect the representative democracy, though 2023 ruling & subsequent Ordinance reaffirmed Central control over "Services."
Suggestions to improve:
- Could clarify the Supreme Court's five-judge bench ruling in GNCTD v. Union of India (2018) that LG must act on aid and advice of elected government except on reserved subjects
- Can mention Article 239B regarding creation of High Courts for UTs and LG's role in judicial administration
- Could include recent developments like the Services matter dispute and its resolution through ordinances
What you wrote:
LG's role necessitates a fine balance between federal supremacy & the democratic aspirations of Delhi's electorate.
LG's role necessitates a fine balance between federal supremacy & the democratic aspirations of Delhi's electorate.
Suggestions to improve:
- Can conclude with Punchhi Commission recommendations on UT governance reforms (e.g., clearer demarcation of powers between LG and elected government)
- Could reference the need for constitutional clarity through potential amendments to Article 239AA for better governance
Strong constitutional foundation with good visual presentation and relevant case law references. However, the comparative aspect with other UTs and detailed constitutional provisions need strengthening for comprehensive coverage.
Demand of the Question
- Constitutional position of LG in UTs
- Powers and functions of LG
- Special reference to Delhi's unique status
- Constitutional provisions and legal framework
What you wrote:
The Lieutenant Governor (LG) functions as administrator of Union Territories under Article 239, but Article 239AA grants Delhi a unique status.
The Lieutenant Governor (LG) functions as administrator of Union Territories under Article 239, but Article 239AA grants Delhi a unique status.
Suggestions to improve:
- Could elaborate on Delhi's quasi-state status (e.g., Delhi being the only UT with a Legislative Assembly and Council of Ministers under Article 239AA)
- Can contextualize LG's dual role as both UT administrator and representative of President in national capital
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