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Every year, UPSC Prelims eliminates thousands of aspirants on questions that look simple but hide traps in the details. The comparison between the President and Governor is one of the biggest trap zones in Indian Polity — and I have seen even well-prepared students fall for it.
This article will walk you through every major difference and similarity between these two offices. By the end, you will know exactly where the examiners set traps and how to avoid them.
Where This Topic Sits in the UPSC Syllabus
| Exam Stage | Paper | Syllabus Section |
|---|---|---|
| Prelims | General Studies | Indian Polity and Governance — Constitution, Political System |
| Mains | GS-II | Structure, Organisation and Functioning of the Executive |
This topic has appeared directly or indirectly in Prelims almost every alternate year. Questions on pardoning power, ordinance-making power, and discretionary powers of the Governor are especially frequent. Related topics include Article 356, President’s Rule, and State Executive.
The Basic Framework — Why Confusion Exists
The Indian Constitution models the Governor on the President. Articles 152 to 167 (Governor) largely mirror Articles 52 to 78 (President). Because the language is nearly identical, students assume the powers are identical too. They are not.
The President is a constitutional head at the Union level. The Governor is a constitutional head at the State level — but with a twist. The Governor is also an agent of the Centre. This dual role is the root of all confusion.
Appointment and Removal — The First Key Difference
The President is elected by an electoral college consisting of elected members of both Houses of Parliament and elected members of State Legislative Assemblies. This is an indirect election. The Governor, on the other hand, is appointed by the President — which effectively means the Union Government chooses the Governor.
The President can be removed only through impeachment under Article 61. The process requires a special majority in both Houses. The Governor has no such protection. The Governor holds office during the pleasure of the President (Article 156). The Supreme Court in B.P. Singhal v. Union of India (2010) held that the Governor cannot be removed arbitrarily, but there is no formal removal process like impeachment.
Pardoning Powers — The Most Asked Trap
Under Article 72, the President can grant pardons, reprieves, respites, remissions, and commutations. Under Article 161, the Governor can do the same — but only for offences against State laws.
Here is where UPSC sets the trap. The President can pardon a death sentence. The Governor cannot. The President can pardon sentences given by a court martial. The Governor cannot. These two distinctions alone have appeared in multiple Prelims questions.
Ordinance-Making Power — Another Trap Zone
Both the President (Article 123) and Governor (Article 213) can promulgate ordinances when the legislature is not in session. But the Governor needs prior instructions from the President in three specific cases — when a Bill containing the same provisions would require the President’s previous sanction, when the Governor would have reserved the Bill for the President’s consideration, and when a State Legislature Act containing the same provisions would be invalid without the President’s assent.
Students often forget this condition. UPSC loves testing it.
Discretionary Powers — Where the Governor Stands Apart
The President has very limited discretionary power. Almost every action is taken on the aid and advice of the Council of Ministers (Article 74). The Governor, however, enjoys real discretionary powers in certain situations:
- Reserving a Bill for the President’s consideration (Article 200)
- Recommending President’s Rule under Article 356
- Inviting a party to form the government when no party has a clear majority
- Acting as administrator of an adjoining Union Territory (if appointed)
- Special responsibilities in states like Assam, Nagaland, and Manipur under Sixth Schedule and Article 371 provisions
This is the single biggest difference. The Governor is not merely a rubber stamp. In hung assembly situations and in Sixth Schedule areas, the Governor exercises real political judgment. The President rarely does.
Legislative Powers Compared
Both can summon, prorogue, and dissolve the lower house (Lok Sabha / Vidhan Sabha). Both address the first session of each year. Both can nominate members — the President nominates 12 to Rajya Sabha and 2 Anglo-Indians to Lok Sabha (note: the Anglo-Indian nomination provision expired and was not renewed after 2026 census discussions). The Governor nominates 1/6th of members to the State Legislative Council, where it exists.
A key difference: when a Bill is passed by the State Legislature, the Governor can reserve it for the President. There is no equivalent upward referral for the President — the President is the final authority on Union Bills.
Diplomatic and Military Powers
The President is the Supreme Commander of the Armed Forces. The President appoints ambassadors and represents India internationally. The Governor has no such powers. This is straightforward, but UPSC sometimes includes the Governor in statements about military powers to test whether you will blindly mark “both.”
Emergency Powers
The President can declare three types of emergencies — National Emergency (Article 352), President’s Rule (Article 356), and Financial Emergency (Article 360). The Governor cannot declare any emergency independently. However, the Governor plays a role in Article 356 by sending a report to the President recommending President’s Rule. The Governor is the trigger, not the decision-maker.
Previous Year UPSC Questions on This Topic
Q1. Consider the following statements:
1. The President can pardon a sentence inflicted by a court martial.
2. The Governor can pardon a death sentence.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
(UPSC Prelims 2021 — GS Paper I)
Answer: (a) 1 only. The President under Article 72 can pardon court martial sentences. The Governor under Article 161 cannot pardon death sentences — only the President can. This is the most classic trap in this topic.
Q2. The__(blank)__ of the__(blank)__ is/are appointed by the President and holds office during the pleasure of the President. Which Constitutional functionary fits this description?
(UPSC Prelims pattern — conceptual)
Answer: The Governor. Unlike the President who is elected, the Governor is appointed and serves at pleasure. The phrase “during the pleasure” is a direct Constitutional phrase from Article 156 and is frequently tested.
Q3. Discuss the discretionary powers of the Governor. Are these powers a threat to federalism in India?
(UPSC Mains pattern — GS-II, 15 marks)
Model Answer Approach: Define discretionary powers. List them — reservation of Bills, recommending President’s Rule, inviting party to form government in hung assemblies, special responsibilities under Article 371. Then discuss the Sarkaria Commission and Punchhi Commission recommendations. Argue both sides — discretion is needed for constitutional safeguards, but misuse (like partisan Governor appointments) undermines federalism. Conclude with reform suggestions like fixed tenure and state legislature involvement in appointment.
Key Points to Remember for UPSC
- The President is elected; the Governor is appointed by the President and holds office at pleasure.
- Only the President can pardon death sentences and court martial sentences — the Governor cannot.
- The Governor can reserve State Bills for the President; there is no equivalent upward referral for the President.
- The Governor has real discretionary powers, especially in hung assemblies and Sixth Schedule states.
- The Governor cannot declare any emergency but can trigger Article 356 through a report.
- Ordinance-making by the Governor requires the President’s prior instructions in three specific situations.
- The Sarkaria Commission recommended that Governors should be eminent persons from outside the state and not active politicians.
Mastering this comparison gives you an edge not just in Polity questions but also in GS-II Mains answers on federalism and centre-state relations. As a next step, make a side-by-side chart of Articles 72 vs 161 and Articles 123 vs 213 — write it by hand and revise it twice before your next mock test. Clarity on this one topic can save you from at least two or three negative marks in Prelims.