President And Governor - Polity Notes For UPSC Exam!
Articles 52 to Article 78 in part V of the Constitution deals with the Union Executive. The President is the head of the Indian state. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. The president is elected not directly by the people but by the members of the Electoral College. On the other hand, the Governor is the chief executive head of the state. But, like the President, he is a Nominal Executive head (constitutional head). The Governor acts as an agent of the Central Government. Hence, the office of the governor has a dual role. There is a Governor for each state, but the seventh Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a Governor for two or more States. This topic is important from the perspective of UPSC IAS examination which falls under the General Studies Paper 2 and particularly in the Indian Polity Section. In this article, we shall discuss the President and Governor’s comparison between them, Constitutional Provision Comparison, recent updates and the Conclusion.
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Recent Update
The 2022 Presidential Election of India will be the 16th presidential election. Ram Nath Kovind is the present President of India. Yashwant Sinha who was the former BJP leader on 21 June 2022, was unanimously chosen as the common candidate for UPA and other opposition parties for the presidential election of 2022. NDA chose Draupadi Murmu as its presidential candidate. The election poll to fill in will take place on 18 July 2022 and the counting of the votes will be scheduled on 21 July 2022.
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Who is the President of India?
The President of India is the head of the state. He is a part of the Union Executive along with the Prime Minister, Council of Ministers, Vice -President and Attorney-General of India. The President of India acts as the symbol of unity and solidarity of the nation. The president is elected indirectly by the members of electoral college comprising of:
- The elected members of both the Houses of Parliament,
- The elected members of the Legislative Assemblies of the states,
- Elected members of the Legislative Assembly of the Union Territories of Delhi and Puducherry.
The Nominated members of both the houses of Parliament, the nominated members of the State Legislative Assembly, the members of the State Legislative Councils and the nominated members of the Legislative Assembly of Delhi and Puducherry do not participate in the election of the President. Where an assembly is dissolved, the members ceases to be qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election. The group of people who are not involved in the election of the President of India are given as follows:
- Nominated members of the Rajya Sabha
- Nominated members of the state legislative assembly
- Legislative Councils members (both elected and nominated) in bicameral legislatures
- Nominated members of the Union Territories of Delhi and Puducherry.
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Who is a Governor?
The Governor is the chief executive head of the state. Article 153 to 167 in part VI of the Constitution deals with the state executive. The state executive consists of the Governor, the Chief Minister, the council of ministers and the advocate general of the state. Governor is a titular head or constitutional head and also the agent of the Centre as the Union government nominates the Governor in each state. The Governor is neither directly elected by the people nor indirectly elected by a special specially constituted electoral college as is the case with the President. He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central Government. But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of subordinates to the Central government. The nomination of a Governor is done by the Union and his appointment by the President in India is based on the Canadian model of government. A Governor holds office for a term of 5 years.
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Comparison Between President and Governor
Both the president and the Governor have the status of Constitutional or titular heads as all executive decisions are taken in their name in Parliament and State legislature. There are certain differences with respect to discretionary power, Pardoning powers and nominated members.
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Main comparisons between president and governors Powers
The comparison between the President and Governors is given as under:
| Issues | President | Governor |
| Head | He is the head of the Country and head of Government is PM. | The head of a state and the head of the Government is CM. |
| Oath | To protect, preserve and defend the Indian Constitution. | To defend, preserve and protect the Indian Constitution. |
| Executive Powers | All executive powers are taken in his name. | All executive actions are taken in his name. |
| Appointment | He/she is indirectly elected by an electoral college consisting of both the houses of Parliament of India and the legislative assemblies. | He/she is nominated by the President; representative of the Union in States. |
| Removal | He can be removed by Impeachment. | Governors can be removed by the President any time. |
| Grounds of removing | On the grounds of violating the Constitution. | No grounds are mentioned. |
| Advice of the Council of Ministers | Binding the 42nd amendment, can return the advice once (44th amendment). | Binding save for exceptional circumstances (various Supreme Court Judgements). |
| Money Bill | It cannot be sent for reconsideration (President himself recommends the bill). | It can’t be sent for reconsideration as the president himself recommended the bill. |
| Constitution Amendment Bill | He/she has to give his assent (24th amendment). | The Governor plays no role regarding the Constitution amendment Bill. |
| Clemency power | He is liable to pardon death sentence and court martial sentences. | He is not able to pardon the death sentence, and plays no role in military matters. |
| If house sends the bill back | He/she is not bound to give assent. | He plays no role regarding this. |
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The constitutional provisions related to Governor and President are as follows:
| Constitutional Provisions | President | Governor |
| The constitutional provisions relating to the President and the Governor are as follows: |
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Comparison Between President And Governor With Respect To The Bills
The comparison between President and Governor are enumerated in a tabular form for better understanding.
| Bills | President | Governor |
| Ordinary Bills
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| Money Bills |
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Comparison with respect to Discretion powers
Comparison between the President and Governor with respect to the discretionary powers are enumerated in a tabular form for better understanding.
| Discretionary Power | President | Governor |
| Constitutional discretion |
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| Situational discretion |
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The Governor can act at their situational discretion in the following cases:
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Other Important Differences
Some other important differences are given as follows:
- Two members of the Anglo Indian Community in Lok Sabha can be nominated by the President. One member of the Anglo Indian community in the State Legislature can be nominated by the Governor.
- 12 members are nominated by the President in Rajya Sabha whereas Governors nominate 1/6th member of the State Legislative Council where the bicameral legislature exists.
- The President has the authority to declare war or peace.
- The president can only pardon a person who is punished under the Martial Law.
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Conclusion
The President of India is the head of the state and is also called the first citizen of India. The president is a vital part of the Union Executive whereas the Governor is a constitutional head. The Governor is the agent of the centre as the Union Government nominates each State’s Governor.
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UPSC Previous Year Questions On President and Governor
Who of the following shall cause every recommendation made by the finance commission to be laid before each house of the parliament? [CSE 2010]
(a) The President of India
(b) The Speaker of Lok Sabha
(c) The Prime Minister of India
(d) The Union Finance Minister
With reference to the election of the President of India, consider the following statements: [CSE 2018]
1) The value of the vote of each MLA varies from State to State.
2) The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.
Which of the statements given above is/are Correct?
- A) 1 only
- B) 2 only
- C) Both 1 and 2
- D) Neither 1 or 2
Consider the following statements: [CSE 2018]
1) No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.
2) The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
We hope all your doubts regarding the President and Governor are addressed after going through this article.Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its product like content pages, live tests, Gk and current affairs, mocks and so on.Ace your UPSC preparation with the Testbook App!
