The Lieutenant Governor (LG) is a constitutional office and the appointed administrator of a Union Territory (UT), serving as the representative of the President of India and the Union government. The LG's origin is in Article 239 of the Constitution, which mandates the President to administer UTs through an appointed administrator. The designation of LG for the National Capital Territory of Delhi (NCTD) was established by the Constitution (Sixty-ninth Amendment) Act, 1991, which introduced Article 239AA to create an elected Legislative Assembly for Delhi.
The mechanism of the LG's power is complex, especially in UTs with a legislature like Delhi and Puducherry. Under Article 239AA(4), the LG is generally required to act on the "aid and advice" of the Council of Ministers, except in matters where they are required to act in their discretion. Crucially, the proviso to Article 239AA(4) allows the LG to refer any matter of difference of opinion with the Ministers to the President for a decision.
The LG's role connects to the concept of asymmetrical federalism and the division of power between the elected government and the Union. The Supreme Court's 2018 judgment in Government of NCT of Delhi v. Union of India clarified that the LG was bound by the Council of Ministers' advice on all matters the Assembly could legislate on, excluding police, public order, and land.
The LG's powers have changed recently, particularly in Delhi. The Government of National Capital Territory of Delhi (Amendment) Act, 2023, significantly altered the balance by granting the LG sole discretion over the transfer and posting of officials through the National Capital Civil Services Authority, effectively overriding the Supreme Court's 2023 ruling that had upheld the Delhi government's control over services.