Why in the News?

The Governor's power to pardon overrides a provision in the Code of Criminal Procedure Section 433A which mandates that a prisoner’s sentence can be remitted only after 14 years of jail.

Background

• The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president.
• He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government.
• But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government.
• It is an independent constitutional office and is not under the control of or subordinate to the Central government.
• The court noted that the sovereign power of a Governor to pardon a prisoner under Article 161 is actually exercised by the State government and not the Governor on his own.

2. Pardoning power of President

• Indian Constitution under Article 72 empowers the president to grant pardons to persons who have been tried and convicted of any offence in all cases where the:
  • Punishment or sentence is for an o ence against a Central Law
  • Punishment or sentence is by a military court
  • Death sentence

2.1 Pardoning power of the President includes

• Pardon- it removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
• Remission- It implies reducing the period of sentence without changing its character. Respite- It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical and disability of a convict or the pregnancy of a woman o ender.
• Commutation- It denotes the substitution of one form of punishment for a lighter form.
• Reprieve- It implies a stay of the execution of a sentence (especially that of death) for a temporary period.

3. Pardoning power of Governor

• Indian Constitution under Article 161 empowers the governor of a state also possesses the pardoning power.
• The pardoning power of the governor differs from the governor in following ways
  • President can pardon sentences inflicted by military courts while the Governor cannot.
  • President can pardon death sentence while governor cannot but governor can suspend, remit or commute a death sentence.

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