SSC
The power of the Governor to grant pardons and to suspend, remit or commute sentences in certain cases is contained in:
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Answer: Option A — Article 161
Detailed Solution
Article 161 gives the Governor of a state the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the state extends.
Meaning of the terms:
- Pardon: removes both the sentence and the conviction, and frees the convict completely.
- Commutation: replaces one form of punishment with a lighter form, such as a death sentence with life imprisonment.
- Remission: reduces the period of a sentence without changing its nature.
- Respite: awards a lesser sentence because of a special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
- Reprieve: stays the execution of a sentence, especially a death sentence, for a temporary period.
Limits on the Governor's power:
- The Governor cannot pardon a death sentence, although he can suspend, remit or commute it.
- Only the President can pardon a death sentence.
- The Governor cannot grant pardon for sentences given by a court martial.
- His power extends only to offences against state laws.
Comparison with the President's power (Article 72):
The President can pardon sentences for offences against Union laws, sentences by court martial and all death sentences.
Exercise of the power:
The Governor exercises this power on the advice of the state Council of Ministers.
Judicial review:
In the Kehar Singh case (1989) and the Epuru Sudhakar case (2006), the Supreme Court held that the pardoning power is subject to limited judicial review. It can be challenged if it is exercised arbitrarily, with mala fide intention, or on irrelevant grounds.
Why not the other options?
- ✗Article 72 deals with the President's pardoning power.
- ✗Article 154 vests the executive power of the state in the Governor.
- ✗Article 163 deals with the Council of Ministers that aids and advises the Governor.
Quick tip
Remember: Article 161 = Governor's pardoning power (cannot pardon a death sentence); Article 72 = President's.
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State Executive & Legislature — Preparation
This question tests your understanding of State Executive & Legislature, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers government at the state level: the Governor, the Chief Minister and the State Council of Ministers, the Advocate General, the State Legislature, including the legislative councils in states that have them, and the special provisions for certain states. Questions usually cover the appointment and powers of the Governor, the Governor's discretionary powers, which states have a bicameral legislature, and how a legislative council is created or abolished (Article 169). Remember that the Governor is appointed by the President and holds office during the President's pleasure. Practise the state executive and legislature questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.