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Difficulty: MediumState Executive and Legislature: Governor, CM, and State Assemblies

Under the Constitution of India, which of the following executive powers is exclusively available to the President of India under Article 72 and CANNOT be exercised by the Governor of a State under Article 161?

  1. Pardoning a sentence of deathAnswer
  2. B
    Suspending or commuting a sentence of death
  3. C
    Granting remissions of punishment for offenses against state executive laws
  4. D
    Respiting a sentence of punishment passed against a state law

Answer

Pardoning a sentence of death
Under Article 72 of the Constitution of India, the President has the power to grant a pardon to any person convicted of an offense where the sentence is a sentence of death. Under Article 161, the Governor does not possess the power to grant a complete pardon in death penalty cases (which remains an exclusive Presidential power), although the Governor retains authority to suspend, remit, or commute a sentence of death.

Step-by-Step Solution

1
Identify the relevant Constitutional provisions
Article 72 governs the pardoning powers of the President, while Article 161 governs the pardoning powers of the Governor.
Constitutional comparison requires examining the specific jurisdiction and exceptions laid down in both articles.
2
Analyze the overlap and differences regarding death sentences
Article 72 explicitly grants the President power to pardon death sentences. Under Article 161, the Governor cannot grant a full pardon for a death sentence, even though the Governor can suspend, remit, or commute it.
The power of complete pardon for a capital punishment sentence is uniquely reserved for the Union Head (President).
3
Conclude the exclusive power
Pardoning a sentence of death is exclusively vested in the President of India.
This establishes the distinction between Article 72 and Article 161.

Key Concept

Constitutional distinction between Presidential (Article 72) and Gubernatorial (Article 161) pardoning powers
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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