Article 161: Pardoning Power of Governor

What is Pardoning Power?

The Pardoning Power of the Governor refers to the authority granted under Article 161 of the Indian Constitution, which allows the Governor of a State to grant relief to individuals convicted of offences under State laws.

It is an important part of the executive powers of the Governor and acts as a safeguard against judicial errors and ensures justice with mercy.

Constitutional Provision:

• Article 161 empowers the Governor to:
  • Grant pardons
  • Reprieves
  • Respites
  • Remissions
  • Commute sentences

Applies only to offences against laws under State jurisdiction.

Types of Pardoning Powers:

1. Pardon

• Completely removes both sentence and conviction
• The person is treated as innocent

2. Commutation

• Substitution of one form of punishment with a lighter one
  (e.g., death sentence → life imprisonment)

3. Remission

• Reduction in the duration of sentence without changing its nature
  (e.g., 5 years → 3 years)

4. Respite

• Awarding a lesser sentence due to special circumstances
  (e.g., pregnancy, physical disability)

5. Reprieve

• Temporary stay of execution, especially in death sentence cases

Scope of Governor’s Pardoning Power

• Applicable to:
  • Offences under State laws
  • Cases involving State executive power
• Limitations:
  • Cannot pardon death sentence independently (can only suspend/remit/commute)
  • Cannot grant pardon in court-martial cases

Governor vs President – Key Differences

Judicial Review of Pardoning Power

The pardoning power is not absolute. Courts can review it in cases of:

• Malafide (bad intention)
• Arbitrariness
• Irrelevant considerations

Important Case Laws:

• Maru Ram vs Union of India (1980)
  → Governor acts on the aid and advice of Council of Ministers
• Kehar Singh vs Union of India (1989)
  → Scope of judicial review explained
• Epuru Sudhakar vs Government of Andhra Pradesh (2006)
  → Pardoning power can be challenged if misused