Introduction
The President of India is the country's head of state and its founding citizen. According to Article 60 of the Indian Constitution, the President's main responsibility is to uphold, defend, and preserve the country's legal system and constitution. All separate constitutional entities share the President as their common leader. The constitution must be upheld by all of his suggestions, actions, and control over India's legislative and executive branches.
The Union government appoints the Governor in each state, hence the Governor is both a titular head or constitutional head and an agent of the federal government. According to Article 159 of the Indian Constitution, the governor's main responsibility is to uphold, defend, and safeguard the constitution and the law in the conduct of state business. The governor's main duties include acting as the state's CEO and supervising the activities of the executive arm of government.
Comparison Between The President And The Governor
Since all executive decisions are made in the names of the President and the Governor in the State legislature and Parliament, respectively, they both have the status of constitutional heads of state. However, there are some differences regarding discretionary power, nominated members, pardoning powers, etc. that need to be discussed.
The main comparisons between president and governors powers are as follows
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Issue
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President
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Governor
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Head
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Head of the country, head of govt is PM
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Head of a state, head of govt is CM
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Executive power
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All executive action in his name
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All executive action in his name
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Oath
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Preserve, protect and defend the constitution
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Preserve, protect and defend the constitution
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Appointment
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Indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies
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Nominated by president; representative of union in states
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Removal
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Impeachment
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President can remove him any time/ pleasure principle
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Grounds of removal
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Violation of constitution
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No grounds mentioned
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Advice of council of minister
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Binding (42nd amendment), can return the advice once (44th amendment)
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binding save for exceptional circumstances (various supreme court judgments)
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Money bill
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Can’t send for reconsideration (after all president himself recommends the bill)
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Can’t send for reconsideration (after all president himself recommends the bill)
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Constitution amendment bill
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Has to give his assent (24th amendment)
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He has no role regarding Constitution amendment bill
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if governor reserves the bill for president (article 200)
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Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201)
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No further role of governor
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If house sends the bill back in the same form
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Not bound to give assent
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He has no role regarding this
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Clemency power
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Can pardon death sentence and court martial sentences
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Can’t pardon death sentence, no role in military matters
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Comparison w.r.t bills
Comparison between President and Governor With Respect To the Bills
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Bills
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President
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Governor
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Ordinary Bills
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According to Article 111 of Indian Constitution President has 3 alternatives · Assent · Withhold · Return 1 time
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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
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Money Bills
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Assent or withhold, no return (For Parliament & State Legislature)
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Assent or withhold, reserve for President
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Comparison with respect to Discretion powers
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Discretionary Power
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President
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Governor
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Constitutional discretion
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No power
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- When they have to reserve the bill for the consideration of the President of India, Governors can decide on their own without the advice of the Council of Ministers
- When he has to recommend for the President’s 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
- When he calls upon the Chief Minister to seek information regarding administrative and legislative affairs
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Situational discretion
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- 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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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
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Additional Differences
• Two members of the Anglo-Indian community may be nominated by the President for the Lok Sabha, and one by the Governor for the State Legislature.
• Twelve Rajya Sabha nominees are made by the President. Where bicameral legislatures are present, the governor designates one-sixth of the members of the State Legislative Council.
• War and peace can only be declared by the president.
• Martial law inmates can only be pardoned by the president.
Conclusion
The first citizen of India, as well as being the head of state, is the Indian President. A crucial member of the Union Executive is the President. The Governor, on the other hand, is a titular head or constitutional head and acts as an agent of the federal government since each state's Governor is chosen by the union government.
