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Difficulty: Very hardState Executive and Legislature: Governor, CM, and State Assemblies

Which of the following statements correctly distinguishes the constitutional scope of the pardoning power of the Governor under Article 161 from that of the President under Article 72 of the Constitution of India?

  1. The Governor can suspend, remit, or commute a death sentence, but cannot grant a complete pardon for a death sentence.Answer
  2. B
    The Governor possesses the authority to grant a complete pardon for a death sentence provided the offense was committed under a law relating to a matter within the executive power of the State.
  3. C
    The Governor can suspend, remit, or commute sentences passed by a Court-Martial if the trial took place within the territorial jurisdiction of the State.
  4. D
    The Governor exercises the pardoning power under Article 161 based on personal constitutional discretion, independent of the advice of the State Council of Ministers.

Answer

The Governor can suspend, remit, or commute a death sentence, but cannot grant a complete pardon for a death sentence.
Under the Indian Constitution, the power to grant a complete pardon in all cases involving a death sentence is exclusively vested in the President under Article 72. Although the Governor under Article 161 possesses powers to suspend, remit, or commute a death sentence for offenses against state laws, the Governor cannot grant a full pardon for capital punishment.

Step-by-Step Solution

1
Examine the scope of Article 72 vs Article 161 regarding death sentences.
Article 72 grants the President the power to pardon, reprieve, respite, or remit punishment or suspend, remit, or commute the sentence of any person convicted of any offense where the sentence is a sentence of death. Under Article 161, the Governor can suspend, remit, or commute a death sentence, but the power to grant a complete pardon for a death sentence is exclusively vested in the President.
Constitutional distinction between Presidential and Gubernatorial mercy powers regarding capital punishment.
2
Evaluate the jurisdiction over Court-Martial (military courts).
Article 72(1)(a) explicitly confers power upon the President in all cases where the punishment or sentence is by a Court-Martial. Article 161 confers no such power upon the Governor.
Military judicial decisions fall exclusively within the Union executive sphere.
3
Analyze whether the power under Article 161 is discretionary.
As affirmed by the Supreme Court (e.g., Maru Ram v. Union of India and subsequent rulings), the Governor exercises mercy powers under Article 161 on the aid and advice of the State Council of Ministers headed by the Chief Minister.
Constitutional requirement under Article 163 for executive functions unless explicitly discretionary.

Key Concept

Constitutional scope and limits of the Governor's pardoning power (Article 161) compared to the President's pardoning power (Article 72)
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Topics

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

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