Pardoning Power of the Governor under Constitution

Among all the powers endowed on the governor by the Constitution of India, the power of pardoning is a significant one (other powers are Executive, Financial and Legislative). The governor has the right to grant pardons, remissions, reprieve or respites from punishment (Article 161). He may, on his discretion, commute or even remit the sentence of an individual who has been convicted of any crime against any law which falls under the executive power of the State.

Constitution of India: How pardoning power of the President is different from that exercised by the Governor?

The President is also conferred with the pardoning power as per Article 72 under the constitution of India. However, the President’s powers to pardon in Article 72 are different from those granted to the Governor in Article 162. The President enjoys extensive powers under Article 72 as compared to what is available to the State Governor. For instance,

• In case where the convict is sentenced to death penalty, only the President can exercise the right to pardon him/her. Conversely, the governor does not have the right to pardon death sentences.
• The President has the right to pardon punishments of sentences given under Court Martial, whereas the governor does not have this power.

Both the President and Governor have concurrent powers in cases of suspension, commutation and remission of a death sentence.