The President and the Governor, though similar in function as heads of state at the Union and State levels respectively, differ significantly in their constitutional roles and powers. Their authority in legislative matters, ordinance-making, pardoning, emergency declarations, and discretionary functions reflects these distinctions.
Legislative and Constitutional Roles of the President and Governor
Legislative Authority
President:
Under Article 111, can give assent, withhold, or return a Bill (except Money Bills).
If Parliament passes the returned Bill again, the President must give assent—no further veto allowed.
On Bills reserved for consideration, can again assent, withhold, or return (except Money Bills).
Under Article 111, can give assent, withhold, or return a Bill (except Money Bills).
If Parliament passes the returned Bill again, the President must give assent—no further veto allowed.
On Bills reserved for consideration, can again assent, withhold, or return (except Money Bills).
Governor:
Under Article 200, can assent, withhold, return, or reserve Bills for the President.
Under Article 201, may reserve a Bill for the President’s consideration, especially if it contradicts central laws or the Constitution.
Under Article 200, can assent, withhold, return, or reserve Bills for the President.
Under Article 201, may reserve a Bill for the President’s consideration, especially if it contradicts central laws or the Constitution.
Ordinance-Making Powers
President:
Can issue Ordinances under Article 123 when Parliament is not in session.
Can issue Ordinances under Article 123 when Parliament is not in session.
Governor:
Can issue Ordinances under Article 213 when the State Legislature is not in session.
Can issue Ordinances under Article 213 when the State Legislature is not in session.
Pardoning Powers
President:
Under Article 72, can pardon, reprieve, respite, remit, suspend, and commute sentences.
Applies to Union law offences, court martial cases, and death sentences.
Under Article 72, can pardon, reprieve, respite, remit, suspend, and commute sentences.
Applies to Union law offences, court martial cases, and death sentences.
Governor:
Under Article 161, can exercise similar powers but only for State law offences.
Cannot pardon death sentences or cases related to court martial.
Under Article 161, can exercise similar powers but only for State law offences.
Cannot pardon death sentences or cases related to court martial.
Emergency Powers
President:
Can declare:
– National Emergency (Article 352),
– State Emergency / President’s Rule (Article 356),
– Financial Emergency (Article 360).
Can declare:
– National Emergency (Article 352),
– State Emergency / President’s Rule (Article 356),
– Financial Emergency (Article 360).
Governor:
Can recommend President’s Rule under Article 356 if there’s a constitutional breakdown in the State.
Can recommend President’s Rule under Article 356 if there’s a constitutional breakdown in the State.
Discretionary Powers
President:
Has limited discretionary powers, mainly during a hung Parliament or while appointing a Prime Minister without a clear majority.
Generally acts on the aid and advice of the Union Council of Ministers.
Has limited discretionary powers, mainly during a hung Parliament or while appointing a Prime Minister without a clear majority.
Generally acts on the aid and advice of the Union Council of Ministers.
Governor:
Enjoys wider discretionary powers, including:
– Reserving Bills (Article 200),
– Recommending President’s Rule,
– Seeking reports from the Chief Minister,
– Acting as an Administrator in Union Territories (when applicable).
Enjoys wider discretionary powers, including:
– Reserving Bills (Article 200),
– Recommending President’s Rule,
– Seeking reports from the Chief Minister,
– Acting as an Administrator in Union Territories (when applicable).