📄 From your Polity Notes PDF
🏛️ Scope of This Note
Part V (Arts. 52–78) covers the President & Union Executive (President, Vice-President, Council of Ministers, Attorney General). Part VI (Arts. 153–167) covers the Governor & State Executive (Governor, CM, Council of Ministers, Advocate General of the State). The Union Executive = President + Vice-President + PM + COM + Attorney General; the State Executive = Governor + CM + COM + Advocate General of the State.
The President is the symbol of the unity, integrity & solidarity of the nation (Art. 52) — one person, one office. A Governor, however, may (since the 7th CAA, 1956) be appointed to two or more States at once.
1. Election & Appointment
| PRESIDENT | GOVERNOR |
|---|
| Not elected directly — elected by an Electoral College of elected MPs + elected MLAs of States + elected members of the Delhi & Puducherry Assemblies. | Neither directly nor indirectly elected — simply appointed by the President. |
| A weighted formula equalises the value of an MLA's vote against an MP's vote (see box below). | 1979 controversy over appointments made purely on the President's wish led to the present system: President acts on the advice of the PM/Union Cabinet. |
| Nominated members of Parliament/State Legislature cannot vote for President; nor can members of a dissolved Assembly. | Sarkaria Commission (1983–88) recommended: Governor should not belong to the same State; appointment should be made in consultation with the CM (a convention, Art. 155). |
| 104th CAA, 2019 discontinued the nominated Anglo-Indian seats in Lok Sabha & State Assemblies, effective 25 Jan 2020. | Art. 157 qualifications: citizen of India; age ≥ 35; eminent in some walk of life; must stay detached from active politics. |
| Election is by proportional representation via the single transferable vote, secret ballot. | A politician from the ruling party at the Centre cannot be appointed Governor of a State ruled by a rival party. |
| Disputes on the President's election are decided by the Supreme Court, whose decision is final. | The Vice-President & the Speaker of the Lok Sabha may be consulted by the PM while appointing a Governor. |
Electoral College Math — Weighting the Vote
- Value of an MLA's vote = (total population of the State ÷ total elected members in that Assembly) × 1/1000.
- Value of an MP's vote = (total value of all MLAs' votes across all States) ÷ (total elected members of Parliament).
- Voting uses the single transferable vote — preferences marked 1st, 2nd, 3rd…
- Electoral quota = [total valid votes polled ÷ (1+1)] + 1 — the fixed quota a candidate must secure.
2. Qualifications, Security Deposit & Oath
| PRESIDENT | GOVERNOR |
|---|
| Art. 58 — citizen of India; age ≥ 35; qualified for election as a Lok Sabha member; must not hold any office of profit. | Art. 157 — citizen of India; age ≥ 35; eminent in some walk of life; must stay detached from active politics. |
| Nomination needs at least 50 proposers & 50 seconders. | No election, hence no proposers/seconders/security deposit. |
| Security deposit of ₹15,000 (RBI) — forfeited if the candidate secures under 1/6th of votes polled. (Originally ₹2,500; raised to ₹15,000 from 1997.) | — |
| Oath (Art. 60): to faithfully execute the office; preserve, protect & defend the Constitution and the law; serve the well-being of the people of India. | Oath: identical points as the President's, adapted to the State. |
| Oath administered by the Chief Justice of India (or the senior-most available SC judge). | Oath administered by the Chief Justice of the State High Court (or senior-most available judge). |
3. Conditions of Office
| PRESIDENT | GOVERNOR |
|---|
| Art. 59 — not a member of either House of Parliament or a State Legislature; no other office of profit. | Art. 158 — not a member of either House of Parliament or any State Legislature. |
| Entitled to use of Rashtrapati Bhavan rent-free. | Entitled to use of Raj Bhavan. |
| Emoluments fixed by Parliament, cannot be reduced during the term. | Emoluments fixed similarly; if Governor of two+ States, emoluments are shared as the President decides. |
| Salary: originally ₹1.5 lakh, later raised to ₹5 lakh/month. Pension: 50% of last salary (to spouse if deceased). Allowances ~₹60,000; spouse allowance ~₹20,000; ~₹1 lakh/annum secretarial expenses. | Salary: ₹3.5 lakh/month. |
| Personal immunity: cannot be arrested/imprisoned; civil proceedings for personal acts need 2 months' prior notice. | Analogous immunity provisions apply (Art. 361). |
4. Term of Office, Removal & Vacancy
| PRESIDENT | GOVERNOR |
|---|
| Art. 56: 5-year term; continues until successor enters office (no interregnum). | 5-year term, but holds office during the pleasure of the President. |
| May resign any time by letter to the Vice-President. | May resign by letter to the President. |
| Can be removed only by impeachment. | No fixed tenure — in the Surya Narain case (1981), the SC held "pleasure of the President" is not justiciable; the Constitution lays down no grounds for removal. |
| Eligible for re-election any number of times (Art. 57) — unlike the USA, which caps re-election at once. | President may transfer a Governor to another State, or grant re-appointment. |
| — | 1989: PM V.P. Singh asked all Governors to resign. 1991: on Congress's return under P.V. Narasimha Rao, 14 Governors were changed — illustrating the "pleasure" doctrine in practice. |
| Chief Justice of a State High Court can be appointed Acting Governor temporarily, if needed. | Same as adjacent column. |
Impeachment of the President (Art. 61)
- Charge of violating the Constitution — resolution initiated in either House.
- Charges signed by ≥ 1/4th of that House's total membership.
- 14 days' advance notice given to the President.
- Resolution passed by 2/3rd majority of that House's total membership.
- Sent to the other House, which investigates (President may appear/be represented).
- If the other House also passes it by 2/3rd majority ⇒ President stands removed from that date.
Vacancy in the Office of President (Art. 62) & Line of Succession
- Grounds: expiry of term, resignation, death, removal by impeachment, election declared void by the SC.
- No-interregnum rule: the outgoing President continues until a new one enters office.
- Fresh election must be held within 6 months of the vacancy.
- Art. 65: Vice-President acts as President; if unavailable, the CJI, and failing him the senior-most SC judge, acts as President — enjoying the same allowances and powers.
5. Executive Powers
A Governor holds Executive, Legislative, Financial & (limited) Judicial powers, but NOT Military, Diplomatic or (Union) Emergency powers — those belong solely to the President.
| PRESIDENT | GOVERNOR |
|---|
| All executive action of the Union is taken in the President's name; he can make rules for authenticating orders/instruments. | All executive action of the State is taken in the Governor's name; can make rules for the transaction of State Government business. |
| Appoints: PM & COM, Attorney General, CAG, Chief Election Commissioner & other ECs, UPSC Chairman/Members, Governors of States, Finance Commission Chairman/Members. | Appoints: CM & COM, Advocate General of the State, State Election Commissioner (removed like an HC Judge), State PSC Chairman/Members (removable only by the President), Vice-Chancellors of State universities. |
| Can seek information on Union administration from the PM; can require the PM to place before the COM a decision taken by a minister individually. | Can recommend imposition of Constitutional Emergency (Art. 356 machinery) in the State. |
| Can appoint a Commission on the conditions of SCs, STs & Backward Classes; can appoint an Inter-State Council. | Tribal welfare ministers mandated in Chhattisgarh, Jharkhand, MP & Odisha — Bihar excluded by the 94th CAA, 2006. |
| Can declare an area a "Scheduled Area" with special executive powers over Scheduled/Tribal Areas. | — |
| Can directly administer Union Territories through Administrators he appoints. | — |
6. Legislative Powers
| PRESIDENT | GOVERNOR |
|---|
| An integral part of Parliament; summons/prorogues Parliament, dissolves the Lok Sabha; can summon a joint sitting (presided by the Speaker). | An integral part of the State Legislature; corresponding summon/prorogue/dissolve powers over the Assembly. |
| Addresses Parliament at the start of the first session after each general election, and the first session each year; sends messages on pending Bills. | Corresponding power to address and message the State Legislature. |
| Can appoint a member to preside as Speaker/Deputy Speaker or Chairman/Deputy Chairman when the office is vacant. | Corresponding power for the State Legislative Assembly/Council. |
| Nominates 12 members to the Rajya Sabha (Literature, Science, Art, Social Service). | Nominates 1/6th of a State Legislative Council's members, on a similar basis. |
| Previously nominated 2 Anglo-Indian members to the Lok Sabha — abolished by the 104th CAA (2019). | Previously nominated 1 Anglo-Indian member to the State Assembly — likewise abolished. |
| Involved (with the Election Commission) in disqualification of an MP. | Corresponding role for disqualification of a State Legislature member. |
| President's prior recommendation required for certain Bills (see box). | Governor's prior recommendation required for certain State Bills; also decides whether to reserve Bills for the President's assent. |
Bills Requiring the President's Prior Recommendation
- Bills involving expenditure from the Consolidated Fund of India.
- Bills altering State boundaries or creating new States.
- Money Bills.
- Bills that impose or vary a tax/duty in which States are interested.
- Bills affecting sums distributable to the States.
- Bills imposing a surcharge on a tax/duty for the Centre's benefit.
- Bills varying the meaning of "agricultural income" for income-tax purposes.
- State Bills restricting trade, commerce & intercourse.
President's Options on a Bill (Art. 111) vs. Governor's Options on a State Bill
President: give assent · withhold assent · return for reconsideration (not a Money Bill). If Parliament re-passes it and sends it back, the President must give assent.
Governor: give assent · withhold assent · return for reconsideration (not a Money Bill) · reserve for the President's assent.
- If the Legislature resends a returned Bill with changes, the Governor must sign it the second time and cannot then reserve it (unless it comes back unchanged).
- A Governor must reserve a Bill that is ultra vires the Constitution, opposed to the DPSPs, against the country's larger interests, of grave national importance, or relates to compulsory property acquisition (Art. 31A).
- Once reserved, the President is not bound to give assent even after the State re-passes it — unlike a merely-returned Bill, where the Governor has no such discretion on re-passage.
7. Ordinance-Making Power
Art. 123 (President) / Art. 213 (Governor) — a feature found in neither the US nor the UK; unusual for a democracy.
- Can be promulgated only when the House(s) are not in session; issuing one while Parliament sits makes it void.
- Whether to issue one can be questioned in court — Cooper Case (1970); made non-questionable by the 38th CAA (1975); reopened by the 44th CAA (1978).
- Can only cover subjects Parliament could legislate on, under the same constitutional limits as an ordinary Act.
- Must be laid before Parliament on reassembly; becomes an Act if both Houses approve it, and lapses automatically 6 weeks after reassembly (or earlier if disapproved).
- Issued/withdrawn only on the advice of the COM headed by the PM — no President has ever withdrawn one; the matter has reached the Supreme Court. Not to be used to bypass the legislature routinely.
D.C. Wadhwa Case — struck down the Bihar Governor's unconstitutional practice of promulgating and re-issuing 256 ordinances without ever placing them before the Legislature.
8. Financial Powers
| PRESIDENT | GOVERNOR |
|---|
| Money Bills can be introduced in Parliament only on his recommendation; no demand for grants without it. | State Money Bills need his prior recommendation similarly. |
| Art. 112: causes the Union Budget (Annual Financial Statement) to be laid before Parliament. | Ensures the State Budget is placed before the State Legislature. |
| Can make advances from the Contingency Fund of India for unforeseen expenditure. | Can make advances from the State Contingency Fund similarly. |
| Constitutes the Finance Commission every 5 years to recommend Centre-State revenue distribution. | The Finance Commission also reviews finances between Panchayats and Municipalities within the State. |
9. Judicial Powers
| PRESIDENT | GOVERNOR |
|---|
| Appoints the CJI, Judges of the Supreme Court & High Courts. | Appoints State judicial service, in consultation with the State PSC and High Court; HC judges are appointed by the President in consultation with the Governor. |
| May seek Supreme Court advice (Art. 143) — not binding on him. | Concerned with postings, promotions & appointment of District Judges, in consultation with the State HC (Art. 233). |
| Pardoning power extends to Court Martial sentences, offences against Union law, and any death sentence. | Cannot pardon a death sentence, and cannot pardon a Court Martial sentence — both rest with the President alone. |
10. Diplomatic & Military Powers (President Only)
The Governor has none of these — they are exclusively Union subjects.
Diplomatic
- Represents India in international forums.
- Sends/receives diplomats and ambassadors.
- Treaties are negotiated/concluded on his behalf, subject to Parliament's approval.
Military
- Supreme Commander of the Defence Forces.
- Can declare war or conclude peace, subject to Parliament's approval.
- Appoints the Chiefs of Army, Navy and Air Force.
11. Emergency Powers (Union Only)
| Article | Subject Matter |
|---|
| Art. 352 — National Emergency | Grounds: war, external aggression or armed rebellion. Can modify Centre-State financial distribution; Fundamental Rights suspended except Arts. 20 & 21. |
| Art. 356 & 365 — President's Rule | Grounds: failure of constitutional machinery in a State, or failure to comply with Union directions. Usually imposed on the Governor's recommendation. |
| Art. 360 — Financial Emergency | Salaries/allowances of Union/State personnel — including SC and HC judges — can be reduced; fund payments may be kept pending in the Contingency Fund. |
12. Veto Power of the President
Purpose: (i) prevent hasty/ill-considered legislation; (ii) prevent unconstitutional legislation. India's President has no Qualified Veto (a US feature, over-ridable by a special majority).
| Type | Detail |
|---|
| 1. Absolute Veto | Withholds assent entirely. Ambedkar called it an emergency executive power. Applies to Private Member's Bills, or a Government Bill after the Cabinet resigns and the new Cabinet advises against assent. 1954: Rajendra Prasad withheld assent to the PEPSU Appropriation Bill. 1991: R. Venkataraman withheld assent to an MP salary/allowances Bill passed on the last day before Lok Sabha's dissolution. |
| 2. Suspensive Veto | Returns a Bill for reconsideration; over-ridable by an ordinary majority on re-passage. Does not apply to Money Bills — a re-sent Money Bill must get assent. |
| 3. Pocket Veto | Takes no action at all — possible because no time limit is prescribed (unlike the US's 10-day limit), making the Indian pocket veto stronger. 1986: Giani Zail Singh refused to sign the Indian Post Office (Amendment) Bill. |
| No Veto on Constitutional Amendment Bills | 24th CAA, 1971 binds the President to assent to a Constitutional Amendment Bill — no veto here. Such Bills also cannot be introduced in a State Legislature. |
13. Aid & Advice of the Council of Ministers
| PRESIDENT | GOVERNOR |
|---|
| Art. 74: COM headed by the PM aids & advises the President, who acts accordingly — made binding by the 42nd CAA, 1976. | Art. 163: COM headed by the CM similarly aids the Governor — but this advice is NOT binding in his discretionary domain. |
| 44th CAA, 1978: President may send advice back once for reconsideration; if resent, it becomes final and binding. | No corresponding obligation on the Governor to accept Cabinet advice on discretionary matters. |
| Exercised without COM's aid in: appointing a PM when no party has a majority; dismissing a COM that lost a no-confidence motion; dissolving the Lok Sabha if the COM has lost its majority. | Example: Oct 1997 — Union Cabinet recommended President's Rule in UP; President K.R. Narayanan sent it back for reconsideration. |
| — | Example: Sep 1998 — Cabinet again recommended President's Rule, in Bihar; Narayanan sent it back, but the Cabinet resubmitted the same advice — President's Rule was imposed on Bihar in Feb 1999. |
14. Constitutional Position: Real vs. Nominal Executive
The real executive in both the Union and the States is the Council of Ministers headed by the PM/CM — the President and Governor are nominal/constitutional heads. Governor's position rests on Art. 154 (executive power vests in the Governor), Art. 163 (COM aids and advises him), and Art. 164 (other provisions on Ministers).
| PRESIDENT | GOVERNOR |
|---|
| No constitutional provision for an "Acting President" in a discretionary sense — succession is fixed (VP → CJI → senior-most Judge). | An Acting Governor may be appointed, and COM decisions — binding on the President — are NOT binding on the Governor in his discretionary domain. |
Situations of Gubernatorial Discretion
- No party/alliance has a clear Assembly majority (choosing the CM).
- The Chief Minister dies suddenly in office and a successor must be appointed.
- Reserving a Bill for the President's consideration.
- Recommending imposition of President's Rule in the State.
- Acting as Administrator of an adjoining Union Territory.
- Seeking information from the CM on the State legislature's affairs.
- Determining royalty payable to certain North-Eastern States by mining companies (a special discretionary duty).
15. Pardoning Power (Art. 72 President / Art. 161 Governor)
Exercised on the COM's advice; independent of the judiciary — it is not an appeal but a separate check that (i) corrects judicial errors and (ii) grants relief from an unduly harsh sentence.
| Term | Meaning |
|---|
| Pardon | Removes ALL punishments, including a death sentence, and all disqualifications attached to the conviction. |
| Commutation | Substitutes a lighter form of punishment (e.g. death → life imprisonment). |
| Remission | Reduces the period of punishment without changing its character (e.g. 5 years → 1 year). |
| Respite | Awards a lesser punishment given a special fact — physical disability, or pregnancy of a woman offender. |
| Reprieve | Temporary stay/postponement of a sentence's execution, pending a mercy petition. |
| PRESIDENT | GOVERNOR |
|---|
| Can pardon a Court Martial sentence. | Cannot pardon a Court Martial sentence. |
| Can pardon a death sentence. | Cannot pardon a death sentence — can only suspend, remit or commute it. |
Kehar Singh Case — a mercy petitioner has no right to an oral hearing before the President; the President can re-examine evidence and take a different view from the court, exercised on COM's advice; the Supreme Court need not lay down specific guidelines, and the power isn't reviewable on merits (though the manner of its exercise can be, in limited cases).
16. Quick Article Reference
| Article | Subject Matter |
|---|
| Art. 52 | The President of India. |
| Art. 53 | Executive power of the Union vests in the President. |
| Art. 54 / 55 | Election of the President / Manner of election. |
| Art. 56 / 57 | Term of office / Eligibility for re-election. |
| Art. 58 / 59 | Qualifications for election / Conditions of office. |
| Art. 60 | Oath or affirmation. |
| Art. 61 | Procedure for impeachment. |
| Art. 62 | Time for holding election to fill a vacancy. |
| Art. 65 | Vice-President acting as President during vacancies. |
| Art. 71 | Matters connected with the President's election. |
| Art. 72 | Pardoning powers. |
| Art. 74 | Council of Ministers aids/advises the President. |
| Art. 75 | Provisions as to Ministers (appointment, term, salary). |
| Art. 77 | Conduct of business of the Government of India. |
| Art. 78 | PM's duty to furnish information to the President. |
| Art. 85 | Sessions of Parliament, prorogation and dissolution. |
| Art. 111 | Assent to Bills (Parliament). |
| Art. 112 | Annual Financial Statement (Union Budget). |
| Art. 123 | Power to promulgate Ordinances. |
| Art. 143 | Power to consult the Supreme Court. |
| Art. 153 | Governors of States. |
| Art. 154 | Executive power of the State vests in the Governor. |
| Art. 155 / 156 | Appointment of Governor / Term of office. |
| Art. 157 / 158 | Qualifications / Conditions of office. |
| Art. 161 | Pardoning power of the Governor. |
| Art. 163 | Council of Ministers aids/advises the Governor. |
| Art. 164 | Other provisions as to Ministers (State). |
| Art. 200 / 201 | Assent to Bills (State) / Bills reserved for the President. |
| Art. 213 | Power to promulgate Ordinances (State). |
| Art. 233 | Appointment of District Judges. |
| Art. 352 | National Emergency. |
| Art. 356 / 365 | President's Rule / Failure to comply with Union directions. |
| Art. 360 | Financial Emergency. |
🎯 Exam Angle
This comparative President-vs-Governor structure is a Mains favourite — questions often ask you to contrast their ordinance power, veto power, or discretionary domain directly. For Prelims, the sharpest distinctions to hold in memory are: the President can pardon a death sentence and a Court Martial sentence, the Governor cannot pardon either; and Governor's advice from the COM is not binding in his discretionary domain, unlike the President's (post-42nd/44th CAA).
