President vs Governor in India: Powers, Appointment and Functions
President vs Governor in India: Powers, Appointment and Functions Introduction India follows a parliamentary system at both the Union and state levels. The President is the…
President vs Governor in India: Powers, Appointment and Functions
Introduction
India follows a parliamentary system at both the Union and state levels. The President is the constitutional head of the Union, while the Governor is the constitutional head of a state.
Although their roles share several similarities, their appointment procedures, constitutional powers and institutional responsibilities differ.
President of India
The President is the constitutional head of the Union under Article 52.
Important constitutional provisions include:
- Article 53: Executive power of the Union.
- Article 54: Election of the President.
- Article 56: Term of office.
- Article 61: Impeachment.
- Article 72: Pardoning powers.
- Article 74: Council of Ministers to aid and advise the President.
The President is elected indirectly by an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of states and certain Union Territories, as prescribed by the Constitution.
The President normally acts on the aid and advice of the Council of Ministers headed by the Prime Minister, subject to the constitutional framework.
Governor of a State
Article 153 provides for a Governor for each state, although the same person may be appointed Governor of two or more states.
Important provisions include:
- Article 155: Appointment by the President.
- Article 156: Term of office.
- Article 161: Pardoning powers.
- Article 163: Council of Ministers to aid and advise the Governor.
- Article 200: Assent to Bills.
- Article 213: Ordinance-making power.
The Governor is appointed by the President and serves under the constitutional provisions governing the office.
President vs Governor: Key Differences
| Basis | President | Governor |
|---|---|---|
| Constitutional level | Union | State |
| Relevant articles | Articles 52–62, among others | Articles 153–162, among others |
| Selection | Indirect election | Appointment by President |
| Executive context | Union government | State government |
| Council of Ministers | Headed by Prime Minister | Headed by Chief Minister |
| Pardoning power | Article 72 | Article 161 |
| Ordinance power | Article 123 | Article 213 |
| Assent to legislation | Article 111 | Article 200 |
Legislative Powers
The President addresses Parliament, summons and prorogues its Houses according to constitutional provisions, and gives assent to Bills under Article 111.
The Governor performs corresponding functions at the state level. Under Article 200, a Governor may give assent, withhold assent, return a non-Money Bill for reconsideration where constitutionally permitted, or reserve a Bill for the President’s consideration.
The precise scope of these powers must be studied with the constitutional text and relevant judicial decisions.
Pardoning Powers: Article 72 vs Article 161
The President’s pardoning power under Article 72 includes specified cases involving court-martial sentences, offences under laws relating to matters within Union executive power, and all cases involving a death sentence.
The Governor’s power under Article 161 concerns offences within the relevant state executive sphere. The Governor cannot independently exercise the President’s specific constitutional power to pardon a death sentence, although state authorities have distinct roles under applicable law.
UPSC Exam Relevance
For Prelims, memorise the relevant articles and differences in appointment, ordinance-making and pardoning powers.
For Mains GS Paper II, understand federalism, the Governor’s role, relations between the Union and states, and constitutional conventions.
UPSC Prelims Practice Questions
1. The Governor of a state is appointed by:
A. Chief Minister
B. President of India
C. Chief Justice of India
D. State Legislature
Answer: B. Article 155 provides for appointment of the Governor by the President.
2. Which article deals with the ordinance-making power of the Governor?
A. Article 123
B. Article 161
C. Article 200
D. Article 213
Answer: D. Article 213 concerns the Governor’s ordinance-making power.
Frequently Asked Questions
Is the Governor directly elected by the people?
No. The Governor is appointed by the President.
Can the President act independently of the Council of Ministers in every matter?
No. Article 74 establishes the constitutional framework for ministerial advice.
Which topic is more important for UPSC?
Both offices are important. Focus on constitutional articles, discretionary powers, legislative functions and Centre-state relations.
Conclusion
The President and Governor are constitutional heads at different levels of India’s parliamentary system. Their similarities and differences help explain the functioning of executive power and Indian federalism.
