Comparison of Pardoning power of the President and the Governor
| Parameters | President | Governor |
| Jurisdiction | He/she can pardon, commute, suspend, remit or reprieve the sentence of a person who is convicted of an offence against a central law. | He/she can pardon, commute, suspend, remit or reprieve the sentence of a person who is convicted of an offence against a state law. |
| Death sentences | He/she is the only authority to pardon a death sentence.
He/she can also suspend, commute, remit, respite or reprieve a death sentence. |
He/she cannot pardon a death sentence. But he/she can remit, suspend or commute a death sentence. |
| Court martial | He/she can grant pardon, suspend, commute, remit, respite, reprieve any sentence by a Military court (Court martial) | He/she doesn’t have any such power. |
| Is it a discretionary power? | He/she can exercise this power on the advice of the council of ministers headed by the PM. (Maru Ram v Union of India case (1980)) | He/she can exercise this power on the advice of the council of ministers headed by the CM. |
Comparison of Veto Powers of the President and the Governor
| Bill type | President | Governor |
| Ordinary Bill | When a bill is presented to the president for his/her assent after passed by the Parliament, he/she has 3 alternatives-
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When a bill is presented to the governor for his/her assent after passed by the state legislature, the governor has 4 alternatives-
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| When an ‘Ordinary’ state bill is reserved for the consideration of the President | The President has 3 alternatives
The state legislature must consider it within six months. If the bill is reintroduced in the state legislature, the President is not obligated to approve it, regardless of whether amendments are made or not. |
The Governor does not have any role and the assent of the Governor is not needed. |
| Money Bill | The president has 2 alternatives when a money bill is passed by the Parliament and is presented before him/her-
The President cannot return the bill in this case. The President usually gives his/her assent as it is introduced in the Parliament with his/her prior permission. |
The governor has 3 alternatives when a money bill is passed by the state legislature and is presented before him/her-
The governor cannot return the bill in this case. Typically, the governor gives their approval as the bill is put forward in the state legislature after obtaining prior consent. |
| When a ‘Money’ state bill is reserved for the consideration of the President | The president has 2 alternatives-
The president cannot return the bill for the reconsideration of the state legislature. |
The Governor does not have any role and the assent of the Governor is not needed. |
Constitutional Position of the Governor
The governor serves merely as the nominal executive of a state, while the actual executive power lies with the chief minister and the state council of ministers. The governor has to exercise his/her powers and functions with the aid and advice of the chief minister-led council of ministers, except in matters in which he/she has to act at his/her discretion.
Source of Governor’s discretionary powerIf a dispute arises regarding whether a matter is within the governor’s discretion, the governor’s determination on such issues is conclusive. This constitutional provision under article 163 has been a major cause of friction between the popularly elected executive and centrally appointed governors. |
Constitutional Provisions
To comprehend the constitutional role of the Governor, Articles 154, 163, and 164 are significant.
- Article 154: The executive power of the state shall be vested in the governor and shall be exercised by him/her either directly or through the officers subordinate to him/her in accordance with the Constitution.
- Article 163: Article 163 establishes that there shall be a council of ministers led by the chief minister to assist and advise the governor in exercising their functions, except in situations where the governor must act at their discretion.
- Article 164: Article 164 states that the council of ministers will be collectively accountable to the state’s Legislative Assembly.
Difference between constitutional position of president and governorThe distinctions between the constitutional roles of the President and the governor can be clarified through these Articles. The variations can be summarized as follows:
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Constitutional Discretion
The governor possesses constitutional discretion in specific instances:
- While performing his/her duties as the administrator of a neighbouring union territory (in case of additional charge).
- Referring a bill to the President for consideration in particular situations.
- Requesting information from the chief minister concerning state administrative and legislative matters.
- Proposing the enforcement of President’s Rule in the state.
- Deciding the compensation owed to an autonomous Tribal District Council from mineral exploration royalties as determined by the governments of Assam, Meghalaya, Tripura, and Mizoram.
Situational Discretion
The governor can exercise situational discretion in the following situations:
- Appointing a chief minister when no political party holds a clear majority in the state legislative assembly, or when the current chief minister passes away unexpectedly without a clear replacement.
- Dissolving the state legislative assembly when the council of ministers has lost its majority.
- Terminating the council of ministers when it fails to demonstrate the confidence of the legislative assembly.
Special Duties of Governors in Indian States
The governor has also been entrusted with certain specific duties, in relation to certain states, which must be duly carried out as per directives of the President. These are:
- Sikkim: To ensure harmony and foster social and economic progress among all segments of the population..
- Maharashtra: On forming separate development boards for Vidarbha and Marathwada.
- Gujarat: On forming separate development boards for Saurashtra and Kutch.
- Nagaland: On maintaining law and order in the state, as long as the internal conflict in the Naga Hills-Tuensang Area persists.
- Assam: Related to the administration of tribal areas.
- Manipur: In relation to the administration of the hilly areas located in the state.
- Arunachal Pradesh: Situation of maintaining state law and order.
- Karnataka: Formation of separate development board for the Hyderabad-Karnataka region.
In fulfilling these responsibilities, the governor must consult the chief minister-led council of ministers. Nevertheless, the governor retains the authority to act independently regarding these responsibilities.
