Governor vs President: Powers Compared — Kerala PSC Polity Notes

Comparing the President and Governor is a favourite PSC question pattern. Both are constitutional heads — one for the Union, the other for the State. This note systematically compares every aspect relevant to exams.

1. Basic Comparison

Aspect	President	Governor
Article	Part V (Articles 52–78)	Part VI (Articles 153–167)
Position	Head of State (Union)	Head of State (State)
Nature of office	Elected	Appointed
Real executive power	Council of Ministers (PM)	Council of Ministers (CM)
Term	5 years	5 years (holds office during pleasure of President)
Can be re-elected/reappointed?	Yes (no limit)	Yes (no limit)
Removal	Impeachment (Art. 61)	Removed by President at any time (no grounds needed)

2. Appointment/Election

Aspect	President	Governor
Method	Elected by Electoral College	Appointed by President (on advice of Union Cabinet)
Electoral College	Elected MPs of both Houses + elected MLAs of all states + elected members of Delhi and Puducherry assemblies	Not applicable
Voting method	Single transferable vote, proportional representation	Not applicable
Article	Article 54, 55	Article 155
Qualifications	Citizen of India, 35+ years, qualified for Lok Sabha membership	Citizen of India, 35+ years, not resident of that state (convention)
Article for qualifications	Article 58	Article 157

3. Oath of Office

Aspect	President	Governor
Article	Article 60	Article 159
Administered by	Chief Justice of India (or senior-most SC judge)	Chief Justice of the High Court of that state (or senior-most judge)
Swears to	Preserve, protect, and defend the Constitution	Preserve, protect, and defend the Constitution

4. Legislative Powers

Power	President	Governor
Summon/Prorogue	Parliament (Art. 85)	State Legislature (Art. 174)
Dissolve lower house	Lok Sabha (on PM’s advice)	State Legislative Assembly (on CM’s advice)
First session address	Art. 87 — addresses both Houses	Art. 176 — addresses state legislature
Nominate members	12 to Rajya Sabha (Art. 80); 2 Anglo-Indians to Lok Sabha (removed by 104th Amendment)	1/6 of MLC (if state has Legislative Council); 1 Anglo-Indian to Assembly (removed)
Assent to Bills	Can give assent, withhold, or return (except Money Bill)	Can give assent, withhold, return, or reserve for President
Reservation of Bills	Not applicable	Can reserve Bill for President’s consideration (Art. 200) — unique discretionary power

5. Ordinance Power

Aspect	President	Governor
Article	Article 123	Article 213
When	When Parliament is not in session	When State Legislature is not in session
Validity	6 weeks from reassembly of Parliament	6 weeks from reassembly of State Legislature
Subjects	Union List + Concurrent List	State List + Concurrent List
Limitation	Cannot promulgate if both Houses are in session	Cannot promulgate if Legislature is in session
Special condition	—	On certain matters, Governor must get President’s prior instruction (Art. 213(1))
Judicial review	Yes (can be challenged)	Yes (can be challenged)

6. Pardoning Power

Aspect	President (Art. 72)	Governor (Art. 161)
Scope	All offences against Union laws; court martial sentences	Offences against State laws only
Death sentence	Can pardon/commute death sentence	Cannot pardon death sentence (only President can)
Court martial	Can pardon court martial sentences	Cannot pardon court martial sentences
Types of clemency	Pardon, Commutation, Remission, Reprieve, Respite	Pardon, Commutation, Remission, Reprieve, Respite

Types of Clemency (Both can grant these)

Type	Meaning
Pardon	Completely absolves the offender; removes conviction and sentence
Commutation	Substituting one punishment for a lighter one (e.g., death to life imprisonment)
Remission	Reducing the amount of sentence without changing its character
Respite	Lighter sentence due to special circumstances (pregnancy, old age)
Reprieve	Temporary stay of execution (delay)

7. Discretionary Powers

President’s Discretionary Powers	Governor’s Discretionary Powers
Appointing PM when no clear majority	Appointing CM when no party has clear majority
Deciding on dissolution of Lok Sabha (rare)	Reserving a Bill for President’s consideration (Art. 200)
—	Recommending President’s Rule (Art. 356)
—	Seeking information from CM on administration (Art. 167)
—	As administrator of a Union Territory (if given additional charge)
—	Tribal area administration in Assam, Meghalaya, Tripura, Mizoram (6th Schedule)

Key Difference: Governor has MORE discretionary powers than the President because of the federal complexity (State vs Centre dynamics).

8. Emergency Powers

Aspect	President	Governor
National Emergency (Art. 352)	Can declare on written advice of Cabinet	No role
State Emergency / President’s Rule (Art. 356)	Declares on Governor’s report	Sends report recommending President’s Rule
Financial Emergency (Art. 360)	Can declare	No role

9. Immunity and Privileges

Aspect	President	Governor
Criminal proceedings during term	Complete immunity (Art. 361(1))	Complete immunity (Art. 361(1))
Civil proceedings during term	2 months’ notice required (Art. 361(2))	2 months’ notice required (Art. 361(2))
Arrest	Cannot be arrested during term	Cannot be arrested during term
Salary (2024)	Rs. 5 lakh/month	Rs. 3.5 lakh/month
Pension	Yes (after term)	Yes (after term)

10. Removal

Aspect	President	Governor
Method	Impeachment under Art. 61	No formal removal process; serves at “pleasure of President” (Art. 156)
Grounds for impeachment	”Violation of the Constitution”	Not applicable
Process	Resolution in either House (14 days’ notice, 1/4 members sign), passed by 2/3 majority in both Houses	Simple executive order suffices
Can courts intervene?	No (political process)	Yes — SC ruled (B.P. Singhal case 2010) that removal cannot be arbitrary

11. Important Landmark Cases

Case	Ruling
Samsher Singh v. State of Punjab (1974)	President and Governor must act on aid and advice of Council of Ministers
Nabam Rebia v. Deputy Speaker (2016)	Governor cannot use discretion to act contrary to Council of Ministers on legislative matters
B.P. Singhal v. Union of India (2010)	Governor’s removal cannot be arbitrary; reasons must exist even if not disclosed
Rameshwar Prasad v. Union of India (2006)	Governor’s recommendation for dissolution can be judicially reviewed

12. PSC Exam Quick Recall

Question	Answer
Who appoints the Governor?	President
Governor is an agent of?	Central Government
Can Governor pardon death sentence?	No (only President can)
Article for President’s pardon power?	Article 72
Article for Governor’s pardon power?	Article 161
Governor’s ordinance power article?	Article 213
Who administers oath to Governor?	Chief Justice of the State High Court
Can Governor be removed by impeachment?	No — serves at pleasure of President
Who has more discretionary powers?	Governor
Article for President’s Rule?	Article 356
Governor’s power unique to him (not President)?	Reserving bills for President