PRESIDENT VS GOVERNOR (INDIAN POLITY COMPARITIVE STUDY TABLE)

PRESIDENT VS GOVERNOR

(INDIAN POLITY COMPARITIVE STUDY TABLE)

In the Indian parliamentary system, the President is the head of the Union, while the Governor is the head of a State. Both hold similar constitutional positions, acting as the nominal executive heads, with the real executive power being exercised by the Council of Ministers (headed by the Prime Minister at the Center and the Chief Minister in the State). However, there are some key differences in their powers and functions.
1. Executive Powers
Power	President	Governor
Head of Executive	The executive power of the Union is vested in the President (Article 53). All executive actions of the Government of India are formally taken in his name.	The executive power of the State is vested in the Governor (Article 154). All executive actions of the State Government are formally taken in his name.
Appointment of Ministers	Appoints the Prime Minister and other ministers on the PM's advice. They hold office during his pleasure (Article 75).	Appoints the Chief Minister and other ministers on the CM's advice. They hold office during his pleasure (Article 164).
Appointment of Other Officials	Appoints the Attorney General of India, Comptroller and Auditor General of India, Chief Election Commissioner and other Election Commissioners, Chairman and members of the UPSC, Governors of states, and Chairman and members of the Finance Commission.	Appoints the Advocate General of the State, State Election Commissioner, and the Chairman and members of the State Public Service Commission. He is consulted by the President while appointing the judges of the concerned state High Court.
Rules of Business	Makes rules for the more convenient transaction of business of the Union government (Article 77).	Makes rules for the more convenient transaction of business of the State government (Article 166).
Seeking Information	Can seek any information relating to the administration of the affairs of the Union and proposals for legislation from the Prime Minister (Article 78).	Can seek any information relating to the administration of the affairs of the State and proposals for legislation from the Chief Minister (Article 167).
Administration of UTs	Administers Union Territories through administrators appointed by him.	Has no direct role in the administration of Union Territories, unless given additional charge by the President.
Scheduled Areas	Has special powers with respect to the administration of scheduled areas and tribal areas.	Submits reports to the President regarding the administration of scheduled areas in the state.
2. Legislative Powers
Power	President	Governor
Part of Legislature	The President is an integral part of the Parliament (Article 79).	The Governor is an integral part of the State Legislature (Article 168).
Summoning and Proroguing	Summons or prorogues the Parliament and dissolves the Lok Sabha (Article 85).	Summons or prorogues the State Legislature and dissolves the State Legislative Assembly (Article 174).
Addressing the Legislature	Can address the Parliament at the commencement of the first session after each general election and the first session of each year (Article 87).	Can address the State Legislature at the commencement of the first session after each general election and the first session of each year (Article 176).
Assent to Bills	When a bill is sent to the President after it is passed by the Parliament, he can: a) give his assent to the bill, b) withhold his assent to the bill, or c) return the bill (if it is not a money bill) for reconsideration of the Parliament (Article 111).	When a bill is sent to the Governor after it is passed by the State Legislature, he can: a) give his assent to the bill, b) withhold his assent to the bill, c) return the bill (if it is not a money bill) for reconsideration of the State Legislature, or d) reserve the bill for the consideration of the President (Article 200).
Ordinance Making Power	Can promulgate ordinances when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks of its reassembly (Article 123).	Can promulgate ordinances when the State Legislature is not in session. These ordinances must be approved by the State Legislature within six weeks of its reassembly (Article 213).
Nomination of Members	Nominates 12 members to the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service. Can also nominate two members to the Lok Sabha from the Anglo-Indian community if they are not adequately represented.	Nominates one-sixth of the members of the State Legislative Council from amongst persons having special knowledge or practical experience in literature, science, art, co-operative movement and social service. Can also nominate one member to the State Legislative Assembly from the Anglo-Indian community if they are not adequately represented.
Reports	Lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament.	Lays the reports of the State Finance Commission, the State Public Service Commission, and the Comptroller and Auditor General relating to the accounts of the state, before the State Legislature.
3. Financial Powers
Power	President	Governor
Money Bills	Money bills can be introduced in the Parliament only with his prior recommendation.	Money bills can be introduced in the State Legislature only with his prior recommendation.
Annual Financial Statement	Causes to be laid before the Parliament the annual financial statement (Union Budget).	Causes to be laid before the State Legislature the annual financial statement (State Budget).
Contingency Fund	Can make advances out of the contingency fund of India to meet any unforeseen expenditure.	Can make advances out of the contingency fund of the State to meet any unforeseen expenditure.
Finance Commission	Constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the States.	Constitutes a State Finance Commission after every five years to review the financial position of the panchayats and the municipalities.
4. Judicial Powers
Power	President	Governor
Pardoning Power	Can grant pardon, reprieve, respite, remission, or commute the sentence of any person convicted of any offense: a) in all cases where the punishment or sentence is by a Court Martial; b) in all cases where the punishment or sentence is for an offense against any law relating to a matter to which the executive power of the Union extends; c) in all cases where the sentence is a sentence of death (Article 72).	Can grant pardon, reprieve, respite, remission, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends. He cannot pardon a death sentence (even if a state law prescribes for a death sentence, the power to grant pardon lies with the President). However, the Governor can suspend, remit or commute a death sentence (Article 161).
Appointment of Judges	Appoints the Chief Justice and the judges of the Supreme Court and High Courts.	Is consulted by the President while appointing the judges of the concerned state High Court.
Seeking Advice	Can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President (Article 143).	Has no such power to seek advice from the High Court.
5. Emergency Powers
Power	President	Governor
National Emergency	Can declare a National Emergency on the grounds of war, external aggression or armed rebellion (Article 352).	Has no power to declare a National Emergency.
State Emergency	Can declare a State Emergency (President's Rule) on the recommendation of the Governor or otherwise if he is satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution (Article 356).	Can recommend to the President the imposition of President's Rule in the state. During the President's Rule, the Governor enjoys extensive executive powers as an agent of the President.
Financial Emergency	Can declare a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened (Article 360).	Has no power to declare a Financial Emergency.
6. Specialties (Discretionary Powers)
This is a crucial area of difference between the President and the Governor.
Discretionary Power	President	Governor
Appointment of Prime Minister/Chief Minister	Exercises situational discretion when no party has a clear majority in the Lok Sabha, or when the Prime Minister in office dies suddenly and there is no obvious successor.	Exercises situational discretion when no party has a clear majority in the State Legislative Assembly, or when the Chief Minister in office dies suddenly and there is no obvious successor.
Dismissal of Council of Ministers	Can dismiss the council of ministers when it cannot prove the confidence of the Lok Sabha.	Can dismiss the council of ministers when it cannot prove the confidence of the State Legislative Assembly.
Dissolution of the House	Can dissolve the Lok Sabha if the council of ministers has lost its majority.	Can dissolve the State Legislative Assembly if the council of ministers has lost its majority.
Reservation of a Bill for President's consideration	No such power.	Can reserve a bill for the consideration of the President in certain cases. This is a significant discretionary power. For example, if the bill endangers the position of the state high court, is against the provisions of the Constitution, or is against the larger interest of the country (Article 200).
Recommendation for President's Rule	No such power.	Can send a report to the President stating that the constitutional machinery in the state has failed and recommend the imposition of President's Rule (Article 356).
Seeking information from the Chief Minister	No such power on his own discretion.	Can seek information from the Chief Minister with regard to the administrative and legislative matters of the state (Article 167).
Acting as an administrator of a UT	Administers UTs directly.	While acting as an administrator of an adjoining union territory (in case of an additional charge), the governor is not bound by the advice of his council of ministers.

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