Why in News?
In a significant constitutional ruling, the Madras High Court clarified that the Governor cannot act independently in matters of remission and must follow the advice of the Council of Ministers under Article 161.
Article 161:
Article 161Β of the Constitution of India defines theΒ pardoning power of the Governor, enabling them to grant pardons, reprieves, respites, or remissions of punishment.
Article 161 of the Constitution empowers the Governor to:
- Grant Pardon β Complete removal of punishment
- Grant Reprieve β Temporary suspension of punishment
- Grant Respite β Reduced punishment due to special circumstances
- Grant Remission β Reduction in the duration of sentence
- Commute sentences β Change to a lesser form of punishment
Scope of Power
- Applies only to offences against State laws
- Similar to the Presidentβs powers under Article 72, but limited to state jurisdiction
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