Maarg Manthan · Topic 21.7

Pardoning Power of the Governor (Article 161)

Indian Polity › Governor · Topic 21.7

Article 161 lets the Governor pardon, reprieve, respite, remit, suspend or commute sentences for offences against state law, but not pardon death sentences or court-martial sentences, which only the President can; both share the power to commute death sentences.

5 min read · UPSC Prelims · Polity · Governor

At a Glance

What it is The Governor’s power to grant pardons and reduce sentences
Article Article 161
Covers Offences against state laws
Cannot Pardon a death sentence or a court martial sentence
Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the seventh topic of the category on the Governor. The Governor can grant pardons, reprieves, respites and remissions of punishment, or suspend, remit and 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.

What Article 161 Provides

The pardoning power of the Governor extends to offences against state law. It includes the five forms known from the President’s power: pardon (removing sentence and conviction), commutation (substituting a lighter punishment), remission (reducing the period without changing the character), respite (a lesser sentence for a special reason) and reprieve (a temporary stay of execution). The Governor’s power is exercised on the advice of the state council of ministers, as with other executive powers.

President and Governor Compared

Point	President (Article 72)	Governor (Article 161)
Offences covered	Against Central law	Against state law
Death sentence	Can pardon; the only authority to pardon a death sentence	Cannot pardon; can suspend, remit or commute
Court-martial sentences	Can pardon, reprieve, respite, remit, suspend or commute	No such power
State law with death penalty	Power to pardon lies with the President	Governor cannot pardon even then, only suspend, remit or commute

Both the President and the Governor have concurrent power to suspend, remit and commute a death sentence. The difference lies in the pardon: even if a state law prescribes a death sentence, the power to grant pardon lies with the President and not the Governor.

Governor, Ministers and Mercy Petitions

The pardoning power of the Governor is exercised on the advice of the state council of ministers. The Supreme Court’s principles for the President, that mercy is exercised on the cabinet’s advice and is open to judicial review only where the decision is irrelevant, irrational, mala fide or discriminatory, are the reference point for understanding the Governor’s power as well. The Governor has no power over sentences from a court martial or over the pardon of a death sentence, which means a prisoner under a death sentence passed for an offence under state law must still apply to the President for pardon, while the Governor may only suspend, remit or commute the sentence.

The Five Forms of Relief

Form	Meaning
Pardon	Removes the sentence and conviction; absolves all disqualifications
Commutation	Substitutes a lighter form of punishment
Remission	Reduces the period without changing the character
Respite	A lesser sentence owing to a special fact such as disability or pregnancy
Reprieve	A temporary stay of execution, especially of a death sentence

The Governor can grant reprieves, respites and remissions of punishment or suspend, remit and commute the sentence. The power exists to keep the door open for correcting judicial errors and to give relief from a sentence regarded as unduly harsh, as the President’s power does.

Judicial Powers of the Governor

In addition to the pardoning power, the Governor is consulted by the President while appointing the judges of the concerned High Court, makes appointments, postings and promotions of district judges in consultation with the High Court, and appoints persons to the state judicial service other than district judges in consultation with the High Court and the State Public Service Commission. These provisions give the Governor a role in the lower judiciary but leave control with the High Court.

Principles from the Supreme Court

The Supreme Court has laid down principles about the President’s pardoning power in Kehar Singh (1988) and Maru Ram (1980): the petitioner has no right to an oral hearing; the authority can examine the evidence afresh and take a view different from the court; the power is exercised on the advice of the cabinet; there is no need for the Court to lay down guidelines; and the exercise is subject to judicial review only where the decision is irrelevant, irrational, mala fide or discriminatory. The reasoning is relevant for the Governor’s power too, as both powers are executive powers exercised on the advice of ministers.

Why Is This Topic Important?

Comparison with the President Standard question
Death sentence Distinction is a favourite
Court martial Governor excluded

What Came Next?

The next topic covers the Governor’s role in reserving bills for the President under Article 200.

Key People and Terms

Article 161 Governor’s pardoning power
Court martial Military court
Commutation Lighter punishment
Remission Shorter duration
Concurrent power Shared power

Exam Corner

Points to Remember

Article 161: state law offences.
Cannot pardon death or court martial.
Can suspend, remit, commute death sentence.
Only the President can pardon a death sentence.

Do Not Confuse With

Pardon and commutation Complete forgiveness versus lighter sentence
Article 72 and 161 President versus Governor
Concurrent and exclusive Commutation of death concurrent; pardon exclusive

Memory Hook

State law, no court martial, commute the gallows but never pardon them.

Mains Angle

Questions on this topic usually ask about the difference between the President’s and Governor’s powers. Use these points to add depth.

Limited scope State law only
Death sentence Commute but not pardon
Executive power On ministers’ advice
Judicial review Limited grounds

A Question You May Face

An original practice question, not a past paper question.

“Compare the pardoning powers of the President and the Governor.”

How to Answer

Introduction Articles 72 and 161.
Table Three differences.
Case law Kehar Singh and Maru Ram.
Conclusion Concurrent power.

GS Relevance

Prelims: Indian Polity, Governor. GS Paper 2: State executive.

Frequently Asked Questions

What is the pardoning power of the Governor?

Under Article 161, the Governor can grant pardons, reprieves, respites and remissions, or suspend, remit and commute the sentence of a person convicted of an offence against a law relating to a matter on which the state’s executive power extends.

Can the Governor pardon a death sentence?

No. The Governor cannot pardon a death sentence, even if a state law prescribes it. That power lies only with the President. But the Governor can suspend, remit or commute a death sentence, a power concurrent with the President’s.

Can the Governor pardon court-martial sentences?

No. The President can pardon sentences by a court martial, but the Governor does not have any such power. The Governor’s power is limited to offences against state laws. Court-martial sentences are handled by the President.

How is the President’s pardoning power wider than the Governor’s?

The President’s power covers offences against Central law, court-martial sentences and death sentences, while the Governor’s covers only offences against state laws and cannot pardon death sentences or court-martial sentences. The Governor lacks both of these powers.

Does the Governor act on his own in pardoning?

The pardoning power is an executive power exercised on the advice of the state council of ministers. The Supreme Court has held, regarding the President’s power, that it is exercised on the advice of the cabinet, and the same understanding applies to the Governor. It is an executive power.

PYQ Practice — Statement Analysis

1 The Governor can pardon a death sentence.

False

Only the President.

2 The Governor can commute a death sentence.

True

Concurrent with the President.

3 The Governor can pardon court-martial sentences.