Question

List out the differences between the ordinance making powers of Governor and the President.

Answer 1

Largely the powers of the Governor in the promulgation of ordinances are similar to the President. There are the following differences :

• If the ordinance has contents which in the form of a Bill would require Presidential permission before hand for introduction or

• If the ordinance has contents which in the form of a Bill would be compulsorily reserved for Presidential assent after passage as a matter of Constitutional requirement— for example, a Bill derogating from the powers of the High Court, or

• If the ordinance has contents that in the form of a Bill would have inclined the Governor to reserve it for the President- for example, the GUJCOC Bill in the most recent case.

In all the above cases, the Governor would take the prior consent of the President before passing the ordinance.

Answer 2

Answer:

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Similarities

Both the President and Governor have the status of Constitutional Heads.

All ordinary / money bills passed must get their assent before they become an act.

Both of them have powers to promulgate ordinances

All Money bills can be introduced with prior recommendation of President in the Lok Sabha and Governor in the state legislature.

Differences

The discretionary powers of Governor are with wider scope in the state than the President in the Union.

Governor cannot grant pardon to somebody convicted and sentenced to death, although he can commute such sentence. Only president has power to pardon someone sentenced to death.

President can nominate two members of Anglo-Indian Community in Lok Sabha, Governor can nominate one member of Anglo-Indian Community in State Legislature.

Only President can declare war or peace.

Only President can pardon a person punished under Martial law.

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