Үндістан штаттарының әкімдерінің рөлі мен функциялары

Nominal head of an Indian state appointed by the president of India

In India, a governor is the constitutional head of a state of India that has similar powers and functions at the state level as those of the president of India at the central level. Governors exist in the states, while lieutenant governors and administrators exist in union territories of Delhi and Puducherry and other union territories. A governor acts as the constitutional head and takes all their decisions based on the advice of chief minister and their council of ministers. In India, a lieutenant governor (LG) and administrator is a constitutional head of a union territory. However, the LG rank is present only in the union territories of Andaman and Nicobar Islands, Ladakh, Jammu and Kashmir, Delhi and Puducherry.

The President of India appoints the governor of each State. A same person can be appointed as the governor of two or more States.

The Constitution vests in the governor all the executive powers of the state government. The governor appoints the chief minister, who enjoys the support of the majority in the State Legislative Assembly. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister. This will dismiss the council of ministers as such in that State. The governor appoints the chief minister of a state, and the chairman and members of the State Public Service Commission. A state election commissioner is also appointed by the governor (though removed by the president). When requested by the Election Commission or Regional Commissioner, the governor or the President shall make available to them the required staff for their proper functioning. All executive actions in a State are carried on the governor's name. The governor of the state by virtue of their office is also the chancellor of most of the universities in the state. The dignity and impartiality of the office of the chancellor puts the governor in a unique position with regard to protecting the autonomy of the universities and saving them from undue political interference. The governor as chancellor of universities also acts as president of the Senate. The governor has the power to direct inspection of every component of the universities and affiliated colleges, required due action on the result of inquiry. The chancellor appoints search committee for appointments of vice chancellor. The governor accords consent of warrant of degrees and withdraws degree or distinctions both at the recommendations of the Senate. The governor approves or disapproves statutes passed by the Senate and appoints teachers at the university based on the recommendation of the respective committees. However, Governor can appoint such people if the State Legislature has not prescribed any laws regulating the above recruitment. of the Anglo Indian community to their State's Legislative Assembly, if he/she is of the opinion that they are not represented properly in the Assembly. A governor has the power to nominate 1/6 of the total no. of members to the Legislative Council of a State having special knowledge or practical experience in respect of Literature, science, art, co operative movement and social service.

The governor has the right to address and send message, summon, prorogue and dissolve the State Legislature. These powers are formal, and the governor's use of these powers must comply with the advice of the Council of Ministers headed by the chief minister. and make demands for grants and recommending Money Bills. The governor inaugurates (to dedicate) the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. The governor's address on these occasions generally outlines new policies of the state government. A bill that the state legislature has passed, can become a law only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the Governor shall not withhold their assent therefrom. This has rarely happened in the history of any of the states. Tamil Nadu, for example, resent its NEET Exemption Bill to its governor for the first and only time ever, in 2022, since the state's formation in 1950. The governor also has the power to reserve certain bills for the president. When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier. A Governor can disqualify a member of the State legislature when the election commission recommends that such member is no longer complying with provisions of Article 191. The governor can ask the advocate general to attend the proceedings of both houses of the state legislature and report to them any unlawful functioning if any.

The Governor has the power to grant pardons, respites, reprieves or remission of punishments or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which executive power of a State extends. The President appoints the judges of the High Courts on the recommendation of the governor. He/She also has the power to appoint the judges of the district courts after consulting the High Court of that State.

When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible. They can impose president's rule. They submit reports on their own to the president or on the direction of the president regarding the affairs of the state. They can withhold their assent to a bill and send it to the president for approval. During emergency rule as per Article 353, the governor can override the advice of the council of ministers if specifically permitted by the president.

The governor has no role or powers in an emergency situation to meet with the external aggression or armed rebellion as the President unless specifically permitted by the president under articles 160, 356 and 357.

Under Article 361 of the constitution, governor cannot be summoned for questioning except on their voluntary willingness to testify in the court in support of their controversial deeds though the unconstitutional decisions taken by the governor would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the union government for the governor's role. As clarified by the Supreme Court in the case 'Rameshwar Prasad & Ors vs. Union of India & ANR, though governor cannot be prosecuted and imprisoned during their tenure, the governor can be prosecuted after stepping down from the post for the guilt committed during their term of governorship as declared earlier by the courts.

While the President of India is "elected", the governor is "selected" by the incumbent central government. That is why there have been many instances when governors appointed by a previous government are removed by an incoming government. The reasons are more political. The supreme court has ruled that governors should be given security of term, but this is generally not adhered to. In January 2014, the Central Bureau of Investigation (CBI) approached the Union Law Ministry under the UPA Government to record statements of West Bengal governor M. K. Narayanan and Goa Governor Bharat Vir Wanchoo. Their statements were considered vital as Narayanan was National Security Adviser and Wanchoo was Chief of Special Protection Group (SPG) at the time of signing of contract with AgustaWestland. Their views were also considered before Indian Government signed the contract with Agusta Westland. However, Union Law ministry stonewalled CBI probe by rejecting CBI's request to examine them claiming they had 'immunity'. UPA was defeated in the 2014 general election and with the incoming NDA Government's permission, West Bengal governor M. K. Narayanan became the first ever governor to be questioned by police in a criminal case. The CBI questioned M. K. Narayanan as a "witness" in 3600 crore 2013 Indian helicopter bribery scandal. The CBI said Goa governor Bharat Vir Wanchoo would be questioned in the same case. Arunachal Pradesh governor who is also appointed by the ruling party at the center, has been sacked by the president after the Supreme Court has quashed his unconstitutional acts. Lt Governor of Delhi Najeeb Jung resigned taking moral responsibility for his unconstitutional role when Supreme Court observed that the elected local government is not an unconstitutional institution without any powers.