Every year, at least 4 to 6 questions in UPSC Prelims test your understanding of executive powers. And the trickiest ones are those where the examiner quietly swaps “President” with “Governor” — or vice versa — hoping you will not notice the difference. I have seen toppers lose marks here, not because they did not study, but because they mixed up parallel provisions.
This article will give you a crystal-clear comparison of the powers of the President and Governor. By the end, you will know exactly where these two offices overlap, where they differ, and how UPSC frames questions to trap you.
Where This Topic Sits in the UPSC Syllabus
| Exam Stage | Paper | Syllabus Section |
|---|---|---|
| Prelims | General Studies | Indian Polity — Executive (Union and State) |
| Mains | GS-II | Functions and responsibilities of the Union and the States |
This topic falls under Indian Polity and appears in both Prelims and Mains. UPSC has asked direct or indirect questions on President-Governor comparison in nearly every alternate year. Related topics include Ordinance-making power, Pardoning power, Emergency provisions, and Centre-State relations.
The Basic Framework — Why the Confusion Exists
The Indian Constitution designed the Governor as a state-level mirror of the President. Articles 52-78 deal with the President. Articles 153-167 deal with the Governor. Many provisions use almost identical language. This parallel structure is exactly what causes confusion.
But here is the key insight: the President is a constitutional head elected by the people (indirectly), while the Governor is a nominee of the Centre appointed by the President. This difference in origin shapes everything else.
Appointment and Removal — The First Major 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. The President can only be removed through impeachment under Article 61.
The Governor is appointed by the President (on the advice of the Central government). There is no fixed procedure for removal. The Governor holds office “during the pleasure of the President.” This means the Centre can recall a Governor at any time. The Supreme Court confirmed this in the B.P. Singhal case (2010).
Discretionary Powers — Where UPSC Loves to Test You
The President has no discretionary power under the Constitution. After the 42nd and 44th Amendments, the President must act on the aid and advice of the Council of Ministers.
The Governor, however, has genuine discretionary powers in certain situations:
- Recommending President’s Rule under Article 356
- Reserving a Bill for the President’s consideration
- Appointing the Chief Minister when no party has a clear majority
- Acting as administrator of a neighbouring Union Territory (if appointed)
- Special responsibilities in states like Assam, Nagaland, and Maharashtra (tribal areas)
This is the single biggest trap area. If a Prelims question says “exercises discretionary power,” the answer is almost always the Governor, not the President.
Legislative Powers — The Subtle Differences
Both can summon, prorogue, and dissolve the lower house. The President dissolves the Lok Sabha. The Governor dissolves the State Legislative Assembly. Both address the first session after each general election.
But the differences matter. The President can send a message to either House of Parliament. The Governor can only send messages to the State Legislature. The President nominates 12 members to the Rajya Sabha. The Governor nominates 1/6th of the total members to the State Legislative Council (where it exists).
On Ordinance power, both can promulgate ordinances when the legislature is not in session. But the Governor’s ordinance on certain subjects requires prior instructions from the President — specifically on matters that would require previous sanction of the President if introduced as a Bill.
Pardoning Power — Article 72 vs Article 161
This is a favourite UPSC question area. The President under Article 72 can grant pardon, reprieve, respite, remission, or commutation. The Governor under Article 161 has the same powers, but with two critical limitations:
- The Governor cannot pardon a death sentence. Only the President can.
- The Governor cannot pardon sentences by court-martial. Only the President can.
If you remember just these two points, you can answer most pardoning power questions correctly.
Emergency Powers — President Only
The Governor has no emergency powers. All three types of emergencies — National Emergency (Article 352), President’s Rule (Article 356), and Financial Emergency (Article 360) — are declared by the President alone.
The Governor’s role in Article 356 is limited to sending a report to the President recommending that the state government cannot function according to the Constitution. The actual proclamation is the President’s power.
Diplomatic and Military Powers
The President is the supreme commander of the armed forces. The President appoints ambassadors and receives foreign diplomats. The Governor has absolutely no diplomatic or military role. This is straightforward, but UPSC has tested it in match-the-following type questions.
Quick Comparison for Revision
Let me summarise the key differences that matter most for the exam:
- Election vs Appointment: President is elected; Governor is appointed
- Removal: President by impeachment; Governor at President’s pleasure
- Discretion: President has none; Governor has several
- Death sentence pardon: President can; Governor cannot
- Court-martial pardon: President can; Governor cannot
- Emergency powers: President has all three; Governor has none
- Ordinance: Both can issue, but Governor needs prior Presidential instruction on reserved subjects
Previous Year UPSC Questions on This Topic
Q1. Which of the following is/are the discretionary powers of the Governor?
1. Reservation of a Bill for the consideration of the President
2. Recommendation for the imposition of President’s Rule
3. Appointment of Chief Minister when no party has clear majority
Select the correct answer:
(UPSC Prelims 2014 — GS Paper I)
Answer: All three (1, 2, and 3) are discretionary powers of the Governor. The Constitution and conventions grant these powers where the Governor acts without ministerial advice.
Explanation: UPSC tests whether aspirants understand that while the President has virtually no discretion, the Governor retains meaningful discretionary authority. This question checks your ability to distinguish between the two offices.
Q2. Consider the following statements:
1. The Governor can pardon a sentence of death.
2. The Governor can suspend, remit or commute a sentence passed by a court-martial.
Which of the above is/are correct?
(UPSC Prelims 2019 — GS Paper I)
Answer: Neither 1 nor 2 is correct. The pardoning power of the Governor under Article 161 does not extend to death sentences or court-martial sentences. Both are exclusive to the President under Article 72.
Explanation: This is the classic trap question. Many aspirants assume the Governor has the same pardoning scope as the President since the language is similar. Remember the two exclusions and you will never get this wrong.
Q3. “The office of the Governor is more powerful in practice than it appears on paper.” Discuss with reference to discretionary powers and the role of the Governor in Centre-State relations.
(UPSC Mains 2018 — GS-II)
Answer: The Governor is constitutionally designed as a nominal head, yet several provisions give the office real power. Discretionary powers like reserving Bills, recommending President’s Rule, and choosing a Chief Minister in a hung assembly make the Governor a politically significant figure. The Sarkaria Commission and Punchhi Commission both noted that Governors have sometimes acted as agents of the Centre rather than as constitutional heads. Instances of misuse of Article 356, delayed assent to state Bills, and partisan appointment of Chief Ministers have made this office controversial. Reforming the appointment process and codifying discretionary norms could restore balance in Centre-State relations.
Explanation: UPSC wants you to go beyond textbook provisions and discuss real political practice. The examiner is testing your ability to critically evaluate a constitutional office using both theory and current examples.
Key Points to Remember for UPSC
- The Governor is appointed, not elected — this is the root of most other differences.
- Only the President can pardon death sentences and court-martial sentences.
- The Governor has genuine discretionary powers; the President does not.
- Emergency powers belong exclusively to the President. The Governor only reports.
- Governor’s ordinance on certain reserved subjects needs prior Presidential instruction.
- The Sarkaria and Punchhi Commissions recommended reforms in the Governor’s role.
- In Prelims, watch for questions that swap “President” and “Governor” in otherwise correct statements.
Understanding this comparison well can easily save you 2 to 4 marks in Prelims and strengthen your GS-II Mains answers on federalism. I suggest you make a side-by-side chart in your notes and revise it once a week until it becomes second nature. Clarity on this single topic separates prepared aspirants from those who leave marks on the table.