Governor’s Pardoning Power

Why in news?

• Recently, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum 14 years of prison sentence.
• The Court also states that the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A —which mandates that a prisoner’s sentence can be remitted only after 14 years of jail.

About the Pardoning Power of Governor

• Under Article 161 of the Constitution, the governor of a state possesses the pardoning power.
• Governor can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against a state law.
• However she/he cannot pardon a death sentence. Even if a state law prescribes for death sentence, the power to grant pardon lies with the President and not the governor. But, the governor can suspend, remit or commute a death sentence.
• Also, the Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court).

PRELIMS QUESTION

Which of the following statements is/are correct regarding the pardoning power of Governor?

1. The Governor of a state can suspend, remit or commute a death sentence.

2. The Governor can grant pardon in respect to punishment or sentence by a court-martial

Select the correct answer using the code given below:

(a) 1 only

(b) 2only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer