Comparison Between Governor and President - State Executive - Indian Polity Notes
Comparison Between Governor and President is a crucial topic under the UPSC Indian Polity and Governance Syllabus which is discussed in this article.
The President of India is the head of the Indian state and is also the first citizen of India. The primary duty of the President is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). The President is the common head of all independent constitutional entities. All his actions, recommendations and supervisory powers over the executive and legislative entities of India shall be used in accordance to uphold the constitution.
On the other hand, a Governor is appointed by the President to head a state. At the same time, he is the agent of the centre as the union government nominates the Governor. The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in their oath of office under Article 159. The governor's primary responsibilities are to serve as the state's chief executive officer and oversees the functions of the executive branch of government.
Table of Contents
- Comparison Between President and Governor
- Major Points of Comparison Between President and Governor
- Comparison between President and Governor with Respect to the Bills
- Comparison with Respect to Ordinance-Making Power
- Comparison with Respect to Discretion powers
- Other Points of Differences
- Conclusion
- FAQs
- MCQs
Comparison Between President and Governor
Both the President and Governor have the status of Constitutional Heads as all executive decisions are taken in the name of President and Governor in Parliament and State legislature respectively, but there are certain differences with respect to discretionary power, Nominated members, Pardoning powers etc which need to be discussed
Major Points of Comparison Between President and Governor
| Issue | President | Governor |
|---|---|---|
| Head | Head of the country, head of govt is PM | Head of a state, head of govt is CM |
| Executive power | All executive action in his name | All executive action in his name |
| Oath | Preserve, protect and defend the constitution | Preserve, protect and defend the constitution |
| Appointment | Indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies | Nominated by president; representative of union in states |
| Removal | Impeachment | President can remove him any time/ pleasure principle |
| Grounds of removal | Violation of constitution | No grounds mentioned |
| Advice of council of minister | Binding (42nd amendment), can return the advice once (44th amendment) | No such provision has been made with respect the governor. Governor need to act on the basis of aid and advice of council of minister unless he is by or under the Constitution required to exercise functions in his discretion. |
| Money bill | Can’t send for reconsideration (after all president himself recommends the bill) | Can’t send for reconsideration (after all governor himself recommends the bill) |
| Constitutional amendment bill | Has to give his assent (24th amendment) | He has no role regarding Constitutional amendment bill |
| if governor reserves the bill for president (article 200) | Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) | No further role of governor |
| If house sends the bill back in the same form | Not bound to give assent | He has no role regarding this |
| Clemency power | Can pardon death sentence and court martial sentences | Can’t pardon death sentence, no role in military matters |
|
“Governor's authority is limited to state matters, including administration and legislation within the state, whereas the President's authority extends nationally, encompassing matters such as foreign policy, defense, and the appointment of key officials.” |
Comparison between President and Governor with Respect to the Bills
| Bills | President | Governor |
|---|---|---|
| Ordinary Bills | According to Article 111 of Indian Constitution President has 3 alternatives · Assent · Withhold · Return 1 time | According to Article 200 of Indian Constitution Governor has 4 alternatives · Assent · Withhold · Return 1 time · Presidential consideration In case of Presidential consideration, governor will have no further role in the enactment of the bill. |
| Money Bills | Assent or withhold, no return (For Parliament & State Legislature) | Assent or withhold, reserve for the President’s consideration |
Comparison with Respect to Ordinance-Making Power
| Points of Comparison | President | Governor |
|---|---|---|
| When can ordinances be issued? | Ordinances can be issued when both houses of Parliament (Lok Sabha and Rajya Sabha) are not in session or either house is not in session. | Ordinances can be issued when the State Legislature (Legislative Assembly and Legislative Council where applicable) is not in session or either house is not in session. |
| Scope of ordinances | Can issue ordinances on any subject under the Union List or the Concurrent List, subject to certain limitations. | Can issue ordinances on any subject in the State List or the Concurrent List, subject to certain limitations. |
| Legislative approval | Ordinances issued by the President must be approved by both Houses of Parliament within six weeks of reassembling. If not approved, they cease to operate. | Ordinances issued by the Governor must be approved by the State Legislature (both Houses) within six weeks of reassembly. If not approved, they cease to operate. |
| Effect | Has the same effect as an act of the Parliament. | Has the same effect as an act of the state legislature. |
| Withdrawal | Can withdraw ordinance any time | Can withdraw ordinance any time |
| Need for instructions | Need no instructions for making an ordinance | Can not make an ordinance without the instructions from the President if a bill containing the same provisions which requires the prior sanctions of the President. |
Comparison with Respect to Discretion powers
| Discretionary Power | President | Governor |
|---|---|---|
| Constitutional discretion | No power |
|
| Situational discretion |
|
The Governors of states can act at their situational discretion in the following instances:
|
Other Points of Differences
- The President can nominate two members of the Anglo-Indian Community in Lok Sabha, the Governor can nominate one member of the Anglo-Indian Community in the State Legislature. But this provision has been done away with by the 104th constitutional amendment 2020.
- The President nominates 12 members in Rajya Sabha. Governor nominates 1/6th members of the State Legislative Council wherever bicameral legislatures exist in states.
- Only the President can declare war or peace.
- Only the President can pardon a person punished under Martial law.
Conclusion
Governor and President in India serve distinct roles with varying degrees of authority and jurisdiction. The President's authority spans the entirety of the nation, encompassing legislative and executive functions, while the Governor's responsibilities are limited to overseeing state-level affairs.
FAQs
Question: What is the comparison between president and Governor with respect to the bills?
Answer:
According to Article 111 of Indian Constitution President has 3 alternatives
- Assent
- Withhold
- Return 1 time
Money bill assent or withhold, no return (For Parliament & State Legislature)
According to Article 200 of Indian Constitution Governor has 4 alternatives
- Assent
- Withhold
- Return 1 time
- Presidential consideration after that No role for Governor- after reconsideration also no need to assent
Money bill assent or withhold, reserve for President
Question: What is situational Discretion of the Governor?
Answer:
Situational Discretion of the Governor are as follows:
- The Governors of states can act at their situational discretion in the following instances:
- When he has to appoint a Chief Minister after no party has a clear majority in the election or when the incumbent dies in the office
- When he dismisses the council of ministers on an inability to prove confidence in the state legislative assembly
- When he dissolves the state legislative assembly on time when it loses its majority
Question: What is the situational discretion of the President?
Answer:
President enjoys situational discretion in the following cases
- PM appointment No party clear majority/ PM dies in office and no successor
- Dismissal of CoMs - cannot prove confidence of House of People
- Dissolution of House of People if CoMs lost Majority
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UPSC Mains Practice Questions:
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MCQs
Question: Which of the following is/are correct about Constitutional Discretion of the Governor?
- When he has to recommend for the Presidents rule in the state, he can act at his own discretion
- When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion
Which of the above statements is/are correct?
(a) Only 1
(b) Only 2
(b) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c) See the explanation
When he has to recommend for the President's rule in the state, he can act at his own discretion. So statement 1 is correct.
When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion. So statement 1 is correct.
Therefore option (c) is the correct answer
Question: Which of the following are the discretionary powers given to the Governor of a State? [ UPSC 2014 ]
- Sending a report to the President of India for imposing the President’s rule
- Appointing the Ministers
- Reserving certain bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
Select the correct answer using the code given below.
(a) 1 and 2 only
(b) 1 and 3 only.
(c) 2, 3 and 4 only.
(d) 1, 2, 3 and 4
Answer: (b) See the explanation
The governor has Constitutional discretion in cases of Reservation of bill for consideration of the President and Recommendation of the imposition of President's rule. So statements 1 and 3 are correct
Moreover, the Governor only appoints those persons as ministers who are recommended by the Chief Minister. So the Governor doesn’t have “Discretion” in the appointment of the minister. So statement 2 is not correct
Therefore option (b) is the correct answer
Question: With reference to the Legislative Assembly of a State in India, consider the following statements: (UPSC 2019)
- The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
- When a State Legislature does’ not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c) See the Explanation
The Governor of a State makes a customary address to Members of the House at the commencement of the first session of the year. Therefore, The first statement is correct.
When a State Legislature does not have a rule on a particular matter, it generally follows the rules and procedures of the Parliament. Therefore, The second statement is correct.
Therefore, option (c) is the correct answer.
Question: Which one of the following statements is correct? [UPSC 2013]
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time.
(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Answer: (c) See the Explanation
The same person may be appointed as Governor of two or more states at the same time, according to the 7th Constitutional Amendment Act of 1956. Hence statement 1 is incorrect.
The President appoints High Court Judges in the same way as he appoints Supreme Court Judges. However, the technique is a little different. Article 217 of the Constitution addresses the appointment of the Chief Justice of the High Court, which stipulates that he is appointed by the President in consultation with the Chief Justice of India and the Governor of the state in question. The collegium, which is chaired by the Chief Justice of India, makes recommendations for the appointment of High Court Judges. Hence statement 2 is incorrect.
No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post. Hence statement 3 is correct.
According to Section 45 of the Government of Union Territories Act of 1963, the Chief Minister must be appointed by the President. The President appoints the rest of the Ministers on the advice of the Chief Minister. Hence statement 4 is incorrect.
Therefore, option (c) is the correct answer.
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