Governor vs President
Notes
The Governor is the State's counterpart of the President, but there are important differences.
Basis | President | Governor |
|---|---|---|
Appointment | Elected indirectly by an Electoral College | Appointed by the President |
Removal | Impeachment (Art. 61) | At the pleasure of the President; no impeachment |
Qualifications | 35 years; eligible for Lok Sabha | 35 years; no such requirement |
Tenure | 5 years; re-election allowed | 5 years at the pleasure of the President; can be transferred |
Pardoning | Death sentence and Court Martial: yes | Cannot pardon a death sentence or Court Martial |
Ordinance | Art. 123 | Art. 213; some need the President's instruction |
Emergency, military, diplomatic powers | Yes | None |
Discretion | Almost none (advice binding, Art. 74) | Some (Art. 163) |
Bills | Assent, withhold, return; pocket veto | Assent, withhold, return, reserve for the President |
Judicial appointments | Appoints SC and HC judges | Consulted in HC appointments; appoints district judges |
Points to note
- Art. 74 has no discretion clause; Art. 163 has one. The Governor's discretion makes him partly the Centre's agent.
- Reserved Bills: the President may withhold assent or direct the Governor to return a non-Money Bill; if the House passes it again, the President is not bound to give assent (the President has no suspensive-veto limit in this case).
- Governors may be appointed to two States; the President is a single office.
- Dual role: constitutional head of the State and agent of the Centre (Sarkaria Commission, Punchhi Commission).
- Recommendations (Sarkaria, 1988): consult the CM before appointment; fixed tenure; removal only for specific reasons.
Key Points
- President: indirectly elected; Governor: nominated by the Centre.
- Governor: no emergency, military or diplomatic powers.
- Governor can reserve a Bill for the President; President does not reserve.
- Governor has discretion (Art. 163); President acts on advice (Art. 74).
- Both are immune from court proceedings for official acts (Art. 361).
MCQs
Q1. Which of the following powers does the Governor NOT have? (a) Ordinance power (b) Power to reserve a Bill for the President (c) Power to pardon a death sentence (d) Power to dissolve the Assembly Ans: (c).
Q2. Discretionary powers of the Governor are mentioned in: (a) Art. 74 (b) Art. 163 (c) Art. 164 (d) Art. 167 Ans: (b).
Q3. The Governor can be removed by: (a) Impeachment (b) Supreme Court (c) The President at his pleasure (d) The State Legislature Ans: (c).