Pardoning Power of Governor means the governor of the states have the authority to grant pardons to persons who have been tried and convicted of any offence in all cases. It is explained in Article 161 of the Indian constitution. The President is granted the power of pardon with the understanding that there should be provisions in the legislation to save the person from the consequences of punishment adjudged against that person by the judiciary due to carelessness and error. As a result, the provision for mercy is included in the Indian Constitution. In this article we will discuss more about the Pardoning Power of Governor.

Definition - Pardoning Power

• Pardon can be defined as "clemency," "grace," or "mercy" and it is mentioned in the written constitution of many nations.
• The President's clemency power is concerned with providing justice to the people, which is primarily the responsibility of the judiciary.
• The goal of pardoning power is to correct judicial errors because no human system of judicial administration is perfect.
• A pardon is a tool of mercy and a means of correcting grave injustices, either on the basis of facts or through the anticipated operation of criminal laws that must simply be reminded.
• As a result, even the most perfect legal system requires clemency power.

Pardoning Powers of Governors

• He has the authority to pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence of anyone who has been convicted of an offense against state law.
• He is unable to pardon a death sentence. Even if a state law calls for the death penalty, the President, not the governor, has the authority to grant a pardon.
• However, the governor has the authority to suspend, remit, or commute a death sentence.
• He doesn't have the authority to grant pardon, reprieve, respite, suspension, remission, or commutation of punishment or sentence imposed by a court-martial (military court).

Constitutional Provisions

• Article 161 addresses the Governor's authority to grant pardons, etc., as well as suspend, remit, or commute sentences in certain circumstances.
• The Governor of a State shall have the authority to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter to which the State's executive power extends.
• Pardoning Power Overrides Section 433A
  • As per a recent Supreme Court ruling, the Governor of a state has the authority to pardon prisoners even before they have served a minimum of 14 years in prison.
  • Section 433-A has no bearing on the constitutional authority granted to the President/Governor to grant pardons under Articles 72 or 161 of the Constitution.

Comparison with Pardoning Powers of President

The scope of the President's pardoning power under Article 72 is broader than the scope of the Governor's pardoning power under Article 161, which differs in two ways:

• The President has the authority to pardon sentences imposed by court-martial (military courts), whereas the governor does not.
• The President has the authority to pardon a death sentence, whereas the governor does not.
  • Even if state law mandates the death penalty, the President, not the governor, has the authority to grant a pardon.
  • The governor, on the other hand, has the authority to suspend, remit, or commute a death sentence.
  • In other words, the governor and the President both have concurrent authority over the suspension, remission, and commutation of death sentences.

Conclusion

The Executive's pardoning power is particularly important since it corrects the errors of the court. It removes the impact of a conviction without addressing the defendant's guilt or innocence. The method of granting pardon is simpler, but due to the government's laziness and political reasons, the disposition of mercy requests is delayed. It should be noted that the State government, not the Governor, exercises the Governor's sovereign power to pardon a prisoner under Article 161.

FAQs

MCQs

1. What Article of the Indian Constitution provides the pardoning power to the Governor?

A) Article 72
B) Article 161
C) Article 74
D) Article 21

2. Which of the following powers is NOT exercised by the Governor?

A) Granting pardons
B) Appointing judges
C) Dissolving the Lok Sabha
D) Summoning the Legislative Assembly

3. Under what circumstances can the Governor exercise pardoning power?

A) For offenses under central law only
B) For offenses committed within the state
C) For all offenses without limitation
D) For offenses after the completion of the sentence

4. How does the pardoning power of the Governor differ from that of the President?

A) Both are identical
B) The Governor's power is more extensive
C) The President's power covers offenses against Union laws
D) The Governor cannot pardon anyone

5. What is a key limitation on the Governor's pardoning power?

A) It cannot be exercised at all
B) It applies to central laws
C) It is subject to judicial review
D) It can be used arbitrarily

GS Mains Questions and Model Answers

Q1: Discuss the significance of the pardoning power of the Governor in the context of Indian polity.

Answer: The pardoning power of the Governor holds significant importance in the Indian polity, as it embodies the principles of mercy and justice within the framework of governance. By allowing the Governor to grant pardons, the Constitution provides a mechanism to rectify potential miscarriages of justice and offer second chances to individuals based on various considerations, such as their behavior, public interest, and humanitarian grounds. This power acts as a check on the rigidity of the legal system, ensuring that justice is tempered with compassion. Additionally, it reflects the democratic ethos by empowering local representatives to act in the interest of the community. However, the exercise of this power must be approached with caution, ensuring that it does not become a tool for political favoritism or arbitrary decisions, thus maintaining public confidence in the legal system.

Q2: Analyze the challenges faced by Governors in exercising their pardoning power effectively.

Answer: Governors face several challenges in exercising their pardoning power effectively. Firstly, there is often a lack of awareness and understanding among governors regarding the complexities of criminal justice and the nuances of individual cases. This may lead to decisions that are perceived as arbitrary or inconsistent. Secondly, political pressure can influence the exercise of this power, with governors potentially facing demands from political parties or public figures to grant clemency, which may compromise the objectivity of their decisions. Furthermore, the absence of clear guidelines and criteria for granting pardons can result in discrepancies and undermine the credibility of the process. Lastly, ensuring transparency and public accountability in the pardoning process is essential to maintain trust in the governance system, necessitating structured procedures for review and oversight.

Q3: Evaluate the impact of the pardoning power on the criminal justice system in India.

Answer: The pardoning power has a significant impact on the criminal justice system in India, serving both corrective and preventive functions. On one hand, it provides an avenue for addressing injustices, allowing for the release of individuals who may have been excessively punished or who have demonstrated rehabilitation. This function reinforces the idea that justice is not merely punitive but also restorative. On the other hand, the exercise of this power must be balanced with the need for accountability and deterrence within the legal system. The potential for misuse of the pardoning power can undermine public trust in justice delivery, especially if perceived as favoring certain individuals or groups. Thus, while the pardoning power can enhance the flexibility and humanity of the criminal justice system, it must be exercised judiciously, with appropriate checks and balances to prevent arbitrariness.

Previous Year Questions on Pardoning Power of the Governor

1. UPSC CSE Prelims 2021:

Question: Under which Article does the Governor of a state have the power to grant pardons?

A) Article 72
B) Article 161
C) Article 74
D) Article 21

Answer: (B)

Explanation: The Governor of a state has the power to grant pardons under Article 161 of the Indian Constitution, which allows for clemency and remissions of punishment.

2. UPSC CSE Mains 2019 (GS Paper 1):

Question: "Examine the role and significance of the pardoning power of the Governor in the Indian Constitution." Discuss its implications for the justice system.

Answer: The pardoning power of the Governor, as enshrined in the Indian Constitution, plays a vital role in the justice system by providing a mechanism for mercy and rehabilitation. This power allows Governors to offer relief to individuals facing severe penalties, reflecting the state's commitment to justice tempered with compassion. Its significance lies in the ability to correct potential miscarriages of justice and address individual circumstances that may warrant leniency. However, the implications for the justice system include the necessity for guidelines to prevent arbitrary decisions and ensure that pardons are granted based on clear criteria. This power, while essential for humane governance, must be exercised with transparency and accountability to maintain the integrity of the judicial process and public confidence in the legal system.