Under the Constitution of India, the executive clemency powers of the President under Article 72 and the Governor under Article 161 exhibit key procedural and constitutional differences. Which of the following statements accurately describes a constitutional distinction between the pardoning powers of the President and a State Governor?
- The President is the sole authority empowered to grant a pardon for a sentence of death, whereas a State Governor can only suspend, remit, or commute a death sentence.Answer
- BThe Governor possesses the constitutional authority to pardon punishments awarded by a Court Martial, provided the offense was committed within the state's territorial jurisdiction.
- CThe pardoning power of the President is an executive privilege outlined in the Third Schedule, making it completely immune from judicial review under any circumstances.
- DNeither the President nor the Governor is required to act on the advice of their respective Council of Ministers while granting pardons, as executive clemency is a purely discretionary constitutional power.
Answer
The President is the sole authority empowered to grant a pardon for a sentence of death, whereas a State Governor can only suspend, remit, or commute a death sentence.
Under Article 72, the President has exclusive authority to grant a complete pardon in all cases where the sentence is a sentence of death. Under Article 161, a Governor can suspend, remit, or commute a sentence of death, but cannot grant a full pardon for it.
Step-by-Step Solution
Key Concept
Pardoning Powers of the President (Article 72) versus Governor (Article 161)