INDIAN POLITY
COMPARATIVE STUDY OF PART-III CENTRAL GOVERNMENT
AND PART-VI STATE GOVERNMENT
PRESIDENT (Art. 52 to 78) (PART V) GOVERNOR (ART.153-167) (PART VI)
ELECTION: ● Art.153 to 167 :state executives
By members of electoral college consisting: ● Governor: chief executive head; Nominal head of
1) Elected members of both LS+RS state
2) Elected members of State legislature ● 7th Const. Amd.1956: Same person as Governor
3) Elected member of UT(Delhi+Puducherry) of 2 or more state(UPSC 2013)
● Appointment: Governor appointed by president by
Vote of MLA=(Total Pop. Of state)/(No. of
warrant under his seal
elected members x 1000)
Vote of MP= Total value of votes of MLA/ ● He is central nominee but independent
Total no. of elected members of (LS+RS) Constitutional office
(Value of Vote of each MLA varies from State ● Canadian Model of appointment of Governor
to state) - (UPSC 2018)
● Election by proportional representation QUALIFICATION:
by means of single transferable vote and ● Citizen of India; completed 35yrs
voting secret Ballot. ● Governor belong to other state is recommendation
● All disputes with elections of president of Sarkaria commission(NOT constitutional
resolved by Supreme Court provision)
● Oath Admin. By CJ of HC
QUALIFICATION:
● 35yrs above age; Qualified for member of
LS Condition of Office:
● Oath Administered by CJI i) Not member of either house
ii) No office of profit
iii) immune from criminal proceeding(even if
Condition of Office: personal)-No criminal proceeding during term (UPSC
i) Not member of either house 2018)
ii) No office of profit iv) 2 Months notice in civil proceedings during term
iii) immune from criminal proceeding(even if
personal) Art.158-The emoluments and allowances of the
iv) 2 Months notice in civil proceedings during term Governor of State shall NOT be diminished during his
term of office (UPSC 2018)
Term: 5yrs; Resign addressing to Vice President;
Eligible for reappointment any no. of term Term : 5yrs; subjected to pleasure of President
(‘Pleasure’-NOT under Judicial Review)
IMPEACHMENT: ● Governor has no security of tenure
● Impeachment for violation of constitution ● No ground specified for removal of governor
● Initiated by either House ● Transfer of governors by president(UPSC 2013)
● Signed by 1/4th member & 14 days notice to ● Reappointment in same state is possible
president ● Chief justice of HC may be appointed temporarily
● Resolution passed by Special majority by if office vacant
both houses
● (Elected+Nominated Members of LS+RS
participate)
● No member. From state Legislature nUT
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POWERS OF GOVERNOR
POWERS OF PRESIDENT:
1) EXECUTIVE: Appoints tribal welfare minister;
1) EXECUTIVE: Executive power of union of Appoints- CM,advocate General,state election
India is vested in President.(UPSC 2015) Commissioner; Acts as chancellor of university in state
make rules for transaction of business of union govt.; 2) LEGISLATIVE: Summon/prorogue/Dissolve State
Appoints- PM, CoM, Attorney General, CAG, Legislative Assembly; Nominates-1/6 member in council;
Governors, etc; Declare any area scheduled area Give Assent or withhold assent; return bills and also can
Reserve bills for consideration of president; Issue ordinance
2) LEGISLATIVE: Summon/prorogue/dissolve LS;
AppoInt speakers and dept. speakers when office 3) FINANCIAL: Money Bills only with prior
vacant; Nominates 12 personalities to RS; Decides recommendations of governor; constitutes state finance
disqualification of members with Election commission every 5 yr.
commission; Issue Ordinance
3) FINANCIAL: Money bill prior recommendation;
Union Budget after president summon; constitute 4) JUDICIAL: he consulted by president while
Finance Commission appointments of judges of HC; Pardoning power except
Death sentence
4) JUDICIAL : Appoints CJI,Judges of SC & HC; 5) VETO POWER: For ordinary Laws governor has 4
seek advice from SC; GrantPardon; Commute alternatives- Assent, withhold, return and reserve bill
punishment
Regarding Money Bills: governor has 3 alternatives- it can
5) VETO POWER: President has 3 alternatives for NOT return Bill for reconsideration
Bills-Assent,withhold,Return
If Money Bill Reserved by Governor for President then
President of India enjoys 3 Veto power (No Qualified president has 2 options- Assent the bill or withhold assent;
Veto i.e. overridden by legislature with Higher President can NOT Return Money Bill
Majority)
● Absolute Veto: To Withhold his Assent to
Bill then Bill ends; it is available for-
Private Members bill and when Cabinet
Resigns
● Suspensive Veto: When he Returns bill for
reconsideration; No suspensive Veto
available for Money Bill
● Pocket Veto: Simply keeping Bill pending
for indefinite time(NO ACTION); No
Pocket Veto available for Constitutional
Amd. Bill; {Indian Pocket Veto>>>Wider
than American}
● President’s Veto power over State Bills:
Art.200:Governor has 4 options- Ascent,
withhold,Return and Reserve for President
Art.201:If Bill is reserved for President’s
consideration, he has 3 options- Assent,
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withhold assent, Direct Governor to return 1) Promulgate ordinance when both or either of house not in
session in case of Bicameral
Bill
2) Only when he is SATISFIED* to take action (44th
(President is not bound to give Assent to
Amd: Satisfaction is under Judicial Review)
Bill) 3) Can issue ordinance only on advice of Council of
ministers
ORDINANCE MAKING POWER: (ART. 123) 4) Ordinance making power of president is Coextensive
with parliament but not parallel
President to promulgate ordinance during recess of 5) ordinance making power of Governor is not Discretionary
parliament power
President can instruct Governor on Ordinance Making
1) Promulgate only when both(LS+RS) not in
session or either of house not in session
2) Only when he is SATISFIED* to take action
(44th Amd: Satisfaction is under Judicial
Review)
3) When parliament reassembles Both houses
must approve to become Act PARDONING POWER OF GOVERNOR:
(Expiry-6 weeks; Max. Life- 6 Months 6
Weeks) ● Pardon,commute,reprieve,respite,suspend
4) Can issue ordinance only on advice of convicted of any offense against State Laws
Council of ministers ● No pardon for Death Sentence; but governor
5) Ordinance can not be issued to Amend can suspend ,Remit, Commute Death sentence
Constitution
6) Ordinance making power of president is
Coextensive with parliament but not parallel
PARDONING POWER OF PRESIDENT:
(ART.72)
● It is an executive Power; Independent of DISCRETIONARY POWER IN CONSTITUTION
Judiciary FOR GOVERNOR : (UPSC 2014)
● Pardon: Completely absolves conviction
● Commutation: Substitution to lighter 1)Reservation of Bills for president’s consideration
punishment 2)Recommend President’s Rule
● Remission: Reducing Period without 3) administration of Adjoining UT
changing character of punishment 4) Seeking information from Chief minister(CM) regarding
● Respite: Lesser sentence than original due to administrative and legislative policies
special facts- pregnancy, disability,etc
● Reprieve: Stay on execution for temporary ADDITIONAL DISCRETION- establishment of separate
period Development Board
MH,GJ,Assam,Nagaland,Manipur,Sikkim,Arunachal
DISCRETIONARY POWER(SITUATIONAL) : Pradesh,Karnataka
1) Appointment of PM and Com when No
majority in Lok Sabha or when PM dies in
office
2) Dismiss CoM if No confidence Motion
Approved
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3) Dissolve Loksabha if CoM lost Majority
IMPORTANT FACTS:
1) DR RAJENDRA PRASAD- TWICE
PRESIDENT
2) SANJEEVAN REDDY-UNOPPOSED IN
1977
3) ZAKIR HUSSAIN-DIED IN OFFICE 1969
4) V.V GIRI-ACTING PRESIDENT
