Governor vs President

Both the President and the Governor are constitutional heads with similar formal powers, but the Governor’s powers are limited and often subordinated to the President — especially where matters touch the Centre or national interest.

Veto / Assent Powers — Ordinary Bills & Money Bills

Ordinary bills

President

• After a bill is passed by Parliament, the President has three options:
  1. Assent → becomes law.
  2. Withhold assent → bill dies.
  3. Return the bill for reconsideration (suspensive veto).
• If Parliament passes it again, the President must give assent.
• ⇒ Only a suspensive veto (cannot block permanently if re-passed).

Governor

• After a bill is passed by the State Legislature, the Governor has four options:
  1. Assent.
  2. Withhold assent.
  3. Return for reconsideration (suspensive veto).
  4. Reserve the bill for the President.
• If returned and the state legislature passes it again, the Governor must give assent.
• If reserved for the President, the President alone decides (assent/withhold/return). If returned by President and re-passed, the President is not bound to assent.
• ⇒ Governor has suspensive veto + power to reserve (unique to Governor).

Why this matters: Reserve power is the Governor’s lever to involve the Centre; it’s the centralising feature of the office.

Money bills

President

• Has two options: assent or withhold.
• Cannot return a money bill for reconsideration. (In practice the President normally assented earlier when permission to introduce was given.)

Governor

• Also has three options: assent, withhold, or reserve for the President.
• Cannot return a money bill to the state legislature.
• If reserved, the President again can either assent or withhold (cannot return to state for reconsideration).

Practical point: Reserve power gives the Governor a check on state financial laws which may conflict with national policy. Money bills at state level cannot be returned — only reserved.

Ordinance-making Power — President vs Governor

Both can promulgate ordinances when legislature is not in session, but there are subtle differences.

Common features

• Ordinance can be issued only when the legislature is not in session (with slight technical differences for bicameral structures).
• Ordinance must be laid before the legislature when it reassembles and ceases after six weeks from reassembly unless approved.
• Ordinances are co-extensive with the legislative competence of the body (President → Parliament’s subjects; Governor → State list + concurrent where applicable).
• Ordinance-making is not a discretionary power — both act on the aid and advice of their respective Councils of Ministers (PM/Council of Ministers for President; CM/Council of Ministers for Governor).

Key differences to remember

1. When they can act (technical):
   • President: can promulgate when either House is not in session (so practicable even if one House is sitting).
   • Governor: can promulgate when the Assembly (unicameral) is not in session OR when both Houses (bicameral) are not in session — and similarly permissive where only one House is sitting because law requires both Houses.
2. Limitations where Governor needs President’s instruction:
   The Governor cannot promulgate an ordinance without instructions from the President in three specified cases:
   • If a bill with the same provisions would have needed previous sanction of the President to be introduced.
   • If a bill with the same provisions would have to be reserved for President’s consideration.
   • If an act with the same provisions would have been invalid without Presidential assent.
     → This restricts the Governor in matters touching Centre’s domain or presidential assent requirements.
3. Judicial check (D.C. Wadhwa case): repeated repromulgation to bypass legislature is unconstitutional — ordinances are emergency, not substitute for law.

Exam tip: Focus on the idea — ordinance = emergency, temporary law; misuse by repromulgation is struck down.

Pardoning Powers — President vs Governor

President

• Can pardon, commute, remit, reprieve, suspend sentences for offences against Central laws.
• Can pardon death sentences (only authority to pardon death sentence).
• Can pardon court-martial sentences (military).

Governor

• Powers are limited to offences against state laws.
• Cannot grant pardon for a death sentence — can suspend, remit or commute but not grant full pardon of death (that is exclusively Presidential).
• No power over court-martial sentences.

Bottom line: President = broader and final clemency power (including death penalty and military). Governor = limited clemency for state offences, but cannot pardon death.

Short comparative table (memory aid)

Head	President	Governor
Ordinary bill	Assent / Withhold / Return (suspensive only) — must assent if re-passed	Assent / Withhold / Return / Reserve for President
Money bill	Assent / Withhold (cannot return)	Assent / Withhold / Reserve for President (cannot return)
Ordinance	Can promulgate (either House not in session), advice of PM; laid before both Houses; ends 6 weeks after reassembly	Can promulgate (Assembly or both Houses not in session depending), advice of CM; needs President’s instruction in specified cases
Pardons	State & Central offences; can pardon death; court-martial too	Only state offences; cannot pardon death; no court-martial power

Exam takeaways

• Reserve power of Governor is the main difference in veto powers — it brings the Centre into state legislation.
• Governor cannot pardon a death sentence — only President can.
• Ordinance misuse: remember D.C. Wadhwa — repromulgation without attempting to get legislative approval is unconstitutional.
• Practical implication: Governor’s powers create centralising tendencies — frequent UPSC linkage: federalism, abuse of Governor’s office, Sarkaria and Punchhi Commission recommendations.

Mnemonic (to recall differences quickly)

Think “RAP”:

• R = Reserve (Governor can Reserve; President cannot be reserved to)
• A = Assent / Advise (both assent; both act on advice for ordinances)
• P = Pardon (President — Power to pardon death; Governor — Power limited)