Q. Write a short note on pardoning powers of Governor.

 

Note: this post is a part of our important question answer series on Constitutional Law. You can read other questions by clicking here.

 

Answer

So far as the power of the Governor under the Constitution is Concerned it is contained in Article 161. Just like the President of India the Governor of the State concerned Also have a power to issue five types of orders:

A. Pardon: complete scrapping of punishment, as one never committed any offence.

B. Reprieve: stays the execution of punishment for a Temporary period.

C. Respite: Postponement of execution of the sentence to the future, or a lesser sentence instead of the Penalty prescribed.

D. Remission: It Means the reduction of the sentence without changing the nature or the Character of the punishment awarded.

E. Commute: change a Punishment to one of different sort than that originally awarded.

The Article 161 itself provides that the orders of pardon, reprieve, respite etc. can be Issued by the Governor only In cases of violation of any law relating to a Matter to which the executive power of the State extends.

 

For reading about judicial review of Governor’s and presidential powers, Refer this post.*

 

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