Article 161 of Constitution of India – Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Article 161 of Constitution of India deals with Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Original Text of Article 161 of Constitution of India
The Governor of a State shall have the power 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 executive power of the State extends.
Questions related to Article 161 of Constitution of India
Article 161 gives the Governor of a State the power to grant pardons, reprieves, respites, or remissions of punishment under laws related to matters within the State’s executive power, as per the Constitution of India.
Not exactly. While both have similar powers, the Governor’s authority under Article 161 is limited to State laws, whereas the President’s power under Article 72 covers both Union and State laws, especially in certain serious matters.
The Governor can remit or commute a death sentence but cannot grant a full pardon in death penalty cases. That exclusive power lies with the President of India, a distinction clarified in various Indian Kanoon cases.
Yes, the Governor exercises this power on the advice of the State Council of Ministers, as per the conventions established in the Articles of Indian Constitution and upheld in judicial interpretations.
You can explore Indian Kanoon for key rulings like Epuru Sudhakar v. Govt. of A.P., where the scope and limits of the Governor’s clemency powers under Article 161 were examined under the Indian Constitution.
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