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President vs Governor – Power and Position

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president vs governor

President vs Governor

The office of the President is more ceremonial than functional. But the Governor’s office is ceremonial as well as functional.

The Constitution has explicitly conferred certain discretionary powers on the Governor. But for President, there are no explicit discretionary functions. It is to be inferred from the Constitution.

Other than all the discretionary powers of the President, a Governor enjoys the following powers, which are not enjoyable with the President.

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Governor is more powerful according to the provisions of the Constitution of India

According to Art. 163 (1), there shall be a Council of Ministers to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his discretion. Thus, the discretionary powers of the Governor are explicitly mentioned in Art. 163. According to Article 163 (2), if any question arises whether any matter is discretionary or not, the decision of the Governor in his discretion shall be final.

Exercising powers under Art. 200, the Governor can reserve the Bill passed by the State Legislature for the President’s consideration. Such power is not available to the President.

Under Article 356, the Governor can invite President to take over the administration of a State, if he feels that the State Government cannot function in accordance with the provisions of the Constitution. Thus, the administration of the State will be directly under the control of Governor. But there is no such provision of taking over the administration for the President.

A Governor can exist without the aid and advice of the Council of Ministers (during the President’s Rule). But the President cannot function without the aid and advice of the Council of Ministers. That is, there is no provision of “President’s Rule” for the Union.

The Governors of certain States have been granted ‘Special Responsibilities’ under the Constitution (Art. 371). In fact, this power has been invested in the office of the President who directs the State Governors to perform specific work/duties. The ‘Special Responsibility’ is totally at the discretion of the Governor and his individual judgment cannot be questioned in any court of law.

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Under the cover of Special Responsibility, the Governors of different States have different functions.

  1. For the Governors of Maharashtra and Gujarat, it is regarding special care, for the development of Vidarbha and Saurashtra regions respectively.
  2. For the Governor of Nagaland, it is the maintenance of law and order so long as disturbance by Nagas continue.
  3. For the Governor of Manipur, it is regarding securing proper functioning of the Committee of Hill Areas.
  4. For the Governor of Sikkim, it is basically for peace in the State and equitable arrangement for ensuring the social and economic advancement of different sections.
  5. In states of Bihar (Jharkhand), Madhya Pradesh (Chhattisgarh), and Orissa, the Governors have to see that a Special or Separate Ministry for the development of tribals is constituted.

Thus, the office of the Governor is that of both dignity and authority, while that of the President is more of dignity and prestige.

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Federalism in India

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Federalism

Defining Federalism

Federalism is a system of Government in which there is a separation of power between a central authority and different constituent units of the century.

Generally, a federation includes two levels of Government: at one level there is a Government for the whole country that is responsible for a few subject of common interest, and at the second level are the governments of states or provinces that take care of much of the day-to-day administration of their state.

Link to Youtube video on Federal Feature

Important Characteristics of Federalism

In a federalism , although different tiers of Government govern the same citizens , each tier has got its own jurisdiction in specific matters of legislation, taxation, and administration. Jurisdiction , as a legal term , has been defined as ’The area over which someone has legal authority. The area may be defined in terms of geographical boundaries. Or in terms of certain kinds of subject’.

The jurisdictions, in respective levels of Governments, are clearly specified in the Constitution . So the authority of each level of government is constitutionally guaranteed .

Courts have the power to interpret the Constitution and the powers of different tiers of government. The highest court. The Supreme court in the Indian context  functions as an umpire if any dispute takes place between different levels of Government in the execution of their respective powers.

Sources of revenue are clearly specified for each level of government to make sure its financial autonomy. The two most crucial aspects for the institutions and practice of federalism are : Governments, at different tiers , have to agree to some rules of power-sharing ; and they should also trust that each would abide by its part of the agreement. So, it can be asses that an ideal federal system has most curial aspects of federalism that are mutual trust and agreement to leave together.

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India as a Federal Country

The Constitution of India declares India as a ‘Union of States’. Although the constitution does not use the word federation , the Indian union is based on the principals of federalism. It can be asserted that since all the characteristics of federalism mentioned above are included in the Indian Constitution, India certainly can be termed as a federal country.

The Constitution of India originally catered for a two- tier system of government :The Union Government or the Central Government that represents the Union of India and the State Governments. However, after some time, a third tear of federalism was annexed in the form of Municipalities and Panchayats. These different tiers , as in any federation, enjoy separate jurisdiction so it becomes clear that the Constitution has clearly catered a three–fold distribution of legislative powers between the Central Government and states governments .Therefore, it comprises three lists :

Union List – it contains subjects of national importance such as defence of the country , banking , foreign affairs, communications and courante only the union government can make laws concerning the subjects motioned in this list

State List – it contains subjects of State and local importance such as trade, commerce, Police, agriculture, and irrigation. Only the State government can make laws concerning the subjects mentioned in this list

Concurrent List- It contains subjects of common interests to both the Central Government as well as the State Governments , such as education, forests, trade unions, marriage, adoption, and succession. Both the Union and the States Governments can make laws on the subjects mentioned in this list. However, if their laws conflict with each other, The law made by the Central Government prevails.

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Schedules of Indian Constitution

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12 schedules indian constitution


There are 12 Schedules in The Indian Constitution.

First Schedule

deals with territories of 28 states and seven union territories of the Indian Union.

Second Schedule

deals with salaries, allowances etc. of President, Vice President, Speaker, Judges of Supreme Court and High Courts, Comptroller and Auditor General etc.

Third Schedule

of constitution prescribes the various forms of oath or affirmation which various incumbents have to take before assuming a public office.

Fourth Schedule

deals with seats allotted to various states and union territories in the Rajya Sabha (Council of States).

Fifth Schedule

deals with the provision regarding administration and control of the scheduled areas.

Sixth Schedule

deals with the provision regarding administration of tribal areas in the state of Assam, Meghalaya, and Mizoram.

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Seventh Schedule

details the subjects contained in the three lists – union list, state list, and concurrent list, over which the Union and state governments enjoy authority.

Eighth Schedule

gives the list of 22 regional languages recognized by the original Constitution (Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu and Urdu) the 15th (Sindhi) was added by the 21st Amendment in 1967; and three viz Konkani, Manipuri, and Nepali were added by the 71st Amendment in 1992. In 2004 four more languages were added to the Eighth Schedule viz Bodo, Maithili, Santhali, and Dogri. With this total number of regional languages increased to 22.

Ninth Schedule

covers land and tenure reforms; the accession of Sikkim with India. It may be reviewed by the courts

Tenth Schedule

introduces the “Anti-defection” provisions for Members of Parliament and Members of the State Legislatures.

Eleventh Schedule

constituted for Panchayats, for rural development.

Twelfth Schedule

defines Powers, authority, and responsibilities of Municipalities.

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Comptroller and Auditor General – CAG

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cag comptroller and auditor general

Comptroller and Auditor General is an authority, established by Constitution of India who audits all receipts and expenditure done by union and state governments.

Prime minister recommends Comptroller and Auditor General of India to the president and then following his recommendation, president proceeded with the appointment.

The current Comptroller and Auditor General of India is Mr. Rajiv Mehrishi, he assumed the office of CAG on 25 September 2017. He is the 13th CAG of India.

The CAG is mentioned in the Constitution of India under Article 148 – 151. The CAG is ranked 9th and enjoys the same status as a judge of Supreme Court of India in Indian order of precedence.

The Comptroller and Auditor General (CAG) of India is appointed for a maximum term of six years or till he attends the age of 65 years, whichever is earlier.

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Former CAG, Vinod Rai has been appointed as external auditor of three major UN organizations: the Vienna-based International Atomic Energy Agency (IAEA), the Geneva-based World Intellectual Property Organisation (WIPO) and World Food Organisation(WFO); also he has been elected the Chairman of the United Nations’ panel of external auditors.

CAG audit reports on 2G spectrum and coal block allocations during Rai’s tenure triggered a number of controversies and raised the hackles of the government, besides bringing in the concept of presumptive loss in audit.

The Constitution of India provides for an independent office to the CAG of India. He or she is the head of Indian Audit and Accounts Department. She or he has a duty to uphold the Constitution of India and laws of the Parliament to safeguard the interests of the public exchequer.

Audit of government accounts (including the accounts of the state governments) in India is entrusted to the CAG of India who is empowered to audit all expenditure from the Consolidated Funds of the union or state governments, whether incurred within India or outside, all revenue into the Consolidated Funds and all transactions relating to the Public Accounts and the Contingency Funds of the Union and the states. Specifically, audits include:

  • Transactions relating to debt, deposits, remittances, Trading, and manufacturing
  • Profit and loss accounts and balance sheets kept under the order of the President or Governors
  • Receipts and stock accounts. CAG also audits the books of accounts of the government companies as per companies act.

The Indian Audit and Accounts Service aids the CAG in the discharge of his/her functions.

The CAG shall only be removed from office in like manner and on the like grounds as a judge of the Supreme Court.

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Nation and Nationality

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Nation

There is a thin line of separation, in the context of the meaning, between the term ‘nation’ and ‘nationality’. This distinction is so thin that some even consider them interchangeable; this has become so much pronounced because both these terms have their origin in the same word. The term Nationality, derived from the Latin word natus (to be born), means belonging to the same racial stock or being related by birth or having blood relationship. However, in modern times, this understanding of nationality is confusing of rather misleading because there is today hardly a single nation in the world whose people belong to the same racial stock. Every nation has people of mixed racial background.

It is because of immigrations, inter-caste and inter-racial marriages, the increased racial combinations have made it difficult to find racial purity. So it can be ascertained that the development of nationality is neither political nor social but definitely a psychological phenomenon. Discussing the term J.W. Garner has stated that nationality is a culturally homogenous group that is at once conscious of its unity.

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A nation, in the words of Ramsay Muir, may be defined as a body of people who feel themselves to be naturally linked together by certain affinities, which are so strong for them to live that they become unsatisfied when disunited and cannot tolerate subjection to people who do not share the same ties; while, the growth of nationality is undoubtedly a psychological phenomenon; according to Hayes it is primarily cultural, conscious of unity.

Elements of Nationality

As the term nationality, a psychological concept, is a subjective idea, it is very difficult to find out any precise common quality which can everywhere be linked to nationality. However, some common factors constituting the term nationality can be illustrated:

·        Common Geography

One of the major elements of nationality is people living in a common territory because they are most likely to develop a common culture and, in addition, this is the reason why the countries are called motherland or fatherland. The identity of the people are also seen with their country; thus people of India are called Indian and the people of America as American and so on. However, this point cannot be stretched too far because common territory cannot be taken as an absolutely element of nationality. For instance, the Jews, before the creation of Israel, were scattered all over the world; they had no common territory, yet they constituted a strong nationality.

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·        Common Race

The idea of common race denotes that people belonging to a particular nationality have a social unity or belong to one group. The idea of nationality is strengthened by the belief that one belongs to the same race, it hardly matters whether it is real of factious; the idea becomes more important in the sense that it strengthens common language, common traditions and common culture.

·        Common religion

As an element of nationality, religion is important because a common religion is an incentive to national feeling. For instance, England fought against Spanish Armada primarily due to her determination to safeguard and defend Protestanism. However, in today’s world, nationalities incline to become multi-religious and there is a trend, increasing with great pace, that regards religion as a private affair of an individual and due to which secularism prevails in the collective life. Thus, religion as a factor is not a necessary one. It can be fairly concluded that religion cannot always play a role of cementing factor; for instance, Pakistan got separated into two countries despite the common religious affinity among its people. Religion, in the context of the Indian sub-continent, worked negatively as Pakistan came into existence on the basis religion by partitioning India.

·        Common Language

A common language, a medium of communication, is h basis of all the other elements of nationality as it enables the people to express their idea. A common language does not mean only a common literature but also common heritage of historical traditions as a common language creaters a cohesive society. Many nations, such as England, have been formed on the basis of a common language: England as a nation developed from the English language. However, in today’s world where one can find many bi-lingual or multi-lingual nationalities, this factor seems unnecessary; for instance the English Language, this modern world, has now got the status of a global language that is Spoken in all parts of the world and it can now not be associated only with England.

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·        Economic Factor

It has been argued that nationality, historically, emerged as a result of amalgamation of various tribes and clans. In a primitive society the existence of nationality cannot be thought of. According to Marxists, nationality had no place in a slave owing or a feudal society, and it emerged and developed due to the emergence of capitalist mode of production. Although the importance of economic factor as an element of nationality cannot be denied, it on its own cannot create a nationality.

·        Common Subjugation

In the rise and development of national movements in the Afro-Asian countries common subjugation has been a dominant factor. For instance, in India a common Indian nationality arose and acquired firm roots due to the common colonial exploitation.

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·        Common political framework

The existence of a common political framework, that is also termed a State, be it in past or present, is another element of nationality. People living under one common State imparts a sense of unity because people are knit together through the laws. Perhaps Gilchrist has aptly observed that “a nationality lives either because it has been a nation, with its own territory and State or, because it wishes to become a nation with its own territory and State.”

Although in the development of nationality all the factors mentioned above assist, none of them can be claimed as absolutely essential. Nationality, ipso facto, indicates to a subjective sentiment that cannot be put in words in the form of a precise definition in terms of any objective factor.

Distinction between Nation and Nationality

  • Nationality, a cultural term, a psychological concept, is generated in a group of people having geographic unity and who belong to a common race, common history, religion, customs and traditions, economic interest and common hope and aspirations.

However, nation is a people organized; a people united. It is the feelings of oneness that unites people in a nation that gives an idea of an organization; nationality gives an idea of sentiment.

  • Nationality is basically a cultural term; it is ‘political’ only incidentally as Hayes informs us. ‘Nation’ is basically a political term and cultural only incidentally. This, however, does not mean that nationality is not political and nation is not cultural.
  • Nation and nationality are different terms in yet another sense. Some people use the term ‘nationality’ to manifest the characteristic that creates a nation indicating that nationality preceds nation. Therefore, in terms of origin they are not at par. The Jewish nation was created by the Jewish nationality.

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