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Home / IAS Preparation / Pardoning Power Governor

Pardoning Power of Governor: Meaning, Types & Provisions - UPSC Notes

Last Updated on Jan 16, 2025
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The pardoning power of Governor is a crucial aspect of the Indian judicial system. It grants the Governor the authority to grant pardons to individuals convicted of crimes. This power holds immense significance. It allows the Governor to mitigate the legal consequences of a conviction. It offers the guilty a chance for mercy, forgiveness, and redemption.

This article aims to explore the pardoning power of Governor in India. It is a part of the Indian Polity subject in the Mains General Studies Paper-II syllabus. It is also a part of the General Studies Paper-1 of the UPSC Prelims Syllabus.

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Click on this link to download the Polity Notes for UPSC!

GS Paper

General Studies Paper II

Topics for UPSC Prelims

Article 161 of the Indian Constitution, Governor, President

Topics for UPSC Mains

Role of the Governor as the executive head of the state, Scope of judicial review of the pardoning power exercised by the Governor

About the Pardoning Power of Governor

Pardoning powers of the Governor refer to one of the authorities granted to the Governor. It allows the governor to forgive, lessen, or alter the punishment of individuals convicted of crimes. He can grant pardons, reduce sentences, or offer acts of mercy. 

The pardon powers of Governor include a few important actions:

  • Pardon - The Governor can completely forgive a person for their crime, removing all legal consequences.
  • Commute - This power allows the Governor to change the length or type of punishment. This includes reducing a prison term or converting a death sentence to a lesser penalty.
  • Reprieve - The Governor can temporarily delay or postpone the punishment.
  • Remit - The authority to reduce or waive the punishment or penalty imposed. It allows the Governor to modify the severity of the sentence. 
  • Respite - This power allows the Governor to provide a temporary break or relief from the punishment. This is usually for humanitarian or compassionate reasons. 

These powers help the Governor address cases where justice might not have been served properly. It helps give people a chance to reform and promote a more humane and fair society. 

Click on this link to download the notes on the Ordinance Making Power of the President and the Governor for UPSC!

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Types of Pardoning Powers of Governor

The Governor of a state in India, under Article 161 of the Indian Constitution, has several types of pardoning powers. These powers allow the Governor to mitigate or set aside punishment for those convicted of crimes. Here are the types in detail:

  • Pardon: A pardon completely absolves the offender from all sentences and penalties. It effectively nullifies the conviction and the person is treated as not having been convicted at all.
  • Reprieve: A reprieve temporarily delays the execution of a sentence, especially a death sentence. This can provide time for the convict to seek some form of clemency or appeal against the sentence.
  • Respite: A respite reduces the quantum of the sentence owing to special circumstances, such as the convict’s physical condition or pregnancy. For example, a death sentence might be reduced to life imprisonment due to humanitarian concerns.
  • Remission: Remission shortens the length of the sentence without changing its nature. For example, a 10-year sentence might be reduced to 5 years. The nature of the punishment, such as imprisonment, remains the same, but its duration is reduced.
  • Commutation: Commutation substitutes a severe punishment with a lesser one. For example, a death sentence could be commuted to life imprisonment or rigorous imprisonment could be converted into simple imprisonment.

Click on this link to download the notes on the Constitutional Discretion of Governor for UPSC!

Constitutional Provisions Related to the Pardoning Power of GovernorThe Governor of an Indian state has certain constitutional provisions related to their pardoning powers, primarily outlined in Article 161.

Text of Article 161: "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."

Article 161 grants the Governor the authority to:

  • Pardon: Completely absolve an offender of the offense and its associated penalties.
  • Reprieve: Temporarily delay the execution of a sentence.
  • Respite: Temporarily modify or reduce the capital punishment in consideration of special circumstances such as pregnancy or old age.
  • Remission: Reduce the term of the sentence without changing its nature.
  • Commutation: Substitute a severe punishment with a lesser one.

Click on this link to download the notes on the Veto Power of President for UPSC!

Supreme Court Judgements Related to the Pardoning Power of Governor

There have been several important Supreme Court judgments related to the pardoning power of the Governor in India. Here are a few notable ones:

  • Maru Ram v. Union of India (1980): The Supreme Court held that the power of pardon under Article 161 of the Constitution rests with the Governor and is not subject to judicial review. However, the Governor must exercise this power in accordance with the aid and advice of the Council of Ministers.
  • Epuru Sudhakar & Anr. v. Govt. of A.P. & Ors. (2006): The Supreme Court clarified that the Governor's power to grant pardon is not absolute. It must be exercised within the constitutional framework, taking into account the principles of judicial review, fairness, and reasonableness.
  • S.R. Bommai v. Union of India (1994): Although not directly related to the pardoning power, this landmark judgment emphasized the principles of federalism. It held that the Governor should act in a manner consistent with the advice of the Council of Ministers. It reaffirmed the importance of the democratic process in the exercise of gubernatorial powers.

Click on this link to download the notes on the Comparison between President and Governor for UPSC!

Difference Between Pardoning Powers of President and Governor 

Below is a tabular representation highlighting the key differences between the pardoning powers of President and Governor of a State:

Difference Between Pardoning Powers of President and Governor 

Aspect

President (Article 72)

Governor (Article 161)

Constitutional Provision

Article 72 of the Indian Constitution

Article 161 of the Indian Constitution

Jurisdiction

Applies to laws and offenses under Union List, court martial cases, and death sentences.

Applies to laws and offenses under State List within the executive power of the state.

Scope of Power

Pardons, reprieves, respites, remissions, suspension, or commutation of sentences for:

Pardons, reprieves, respites, remissions, suspension, or commutation of sentences for:

Specific Cases

Punishments or sentences by a court martial.

Offenses against laws relating to matters to which the Union executive power extends.

Sentences including capital punishment (death sentences).

Punishments or sentences for offenses against state laws only.

Advisory Role

Acts on the advice of the Union Council of Ministers.

Acts on the advice of the State Council of Ministers.

Applicability to Death Sentences

Has the power to pardon, reprieve, respite, remit, or commute death sentences.

Can commute death sentences, but usually does not have the power to pardon death sentences.

Military Law

Can grant clemency for sentences imposed by a court martial.

No power to grant clemency for sentences imposed by a court martial.

Offenses under Union Laws

Can grant clemency for offenses under laws related to matters to which the executive power of the Union extends.

Can grant clemency for offenses under state laws related to matters within the executive power of the State.

Discretion

The President's exercise of power is subject to the advice of the Union Council of Ministers.

The Governor's exercise of power is generally subject to the advice of the State Council of Ministers but can sometimes act in their discretion as provided by the Constitution.

Judicial Review

Subject to judicial review to prevent arbitrary exercise of power.

Subject to judicial review to prevent arbitrary exercise of power.

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Key Takeaways for UPSC Aspirants

    • Constitutional Provision: The pardoning power of the Governor is enshrined in Article 161 of the Indian Constitution. It enables the Governor to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the state extends.
    • Scope of Power: The Governor's pardoning power extends to offenses against laws that fall within the state’s jurisdiction. This means that the Governor cannot pardon sentences for offenses under Union laws or those that affect national security.
    • Distinction from Presidential Power: The President of India also has pardoning powers under Article 72. However, the scope is wider, including offenses against Union laws, court-martial convictions, and death sentences. The Governor's power does not extend to court-martial sentences or death sentences.
  • Types of Clemency
    • Pardon: Completely absolves the offender from all sentences and punishment and completely restores the rights and privileges forfeited due to the conviction.
    • Reprieve: Temporarily postpones the execution of a sentence, especially a death sentence.
    • Respite: Awards a lesser sentence in place of the one originally imposed due to some special conditions, such as the physical condition of the convict.
    • Remission: Reduces the amount of the sentence without changing its character.
    • Commutation: Substitutes a form of punishment with a less severe one.
  • Procedure: Generally, the decision regarding clemency must be taken after gathering necessary inputs from various state officials. This includes the Home Department of the state and sometimes consulting judicial opinions. However, the procedures may vary slightly from state to state.
  • Governor's Discretion: The Governor exercises these clemency powers on the advice of the State Executive Council (usually the Cabinet). However, the ultimate decision can reflect the Governor's discretion, particularly in sensitive cases.
  • Judicial Review: The exercise of the pardoning power, like any other constitutional power, is subject to judicial review on limited grounds. The courts cannot change the decision. However, they can ensure due process is followed and correct any legal misinterpretations or malpractices.
  • Importance in Federal Structure: The pardoning power highlights the federal structure of governance in India, where both the state and central governments have delineated powers. It ensures that states have the ability to manage clemency in accordance with state laws and specific regional considerations.

We hope that all your doubts regarding the Pardoning Power of Governor will be cleared after going through this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.
 

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Pardoning Power of Governor UPSC FAQs

Article 166 of the Constitution of India deals with the conduct of the business of the Government of a state. It specifies that the Governor shall make rules for the allocation and transaction of the state government's business.

Article 159 of the Constitution of India pertains to the oath taken by the Governor before entering office. It requires the Governor to make an affirmation in the presence of the Chief Justice of the concerned state's High Court.

Article 72 deals with the pardoning power of the President of India. Article 161 deals with the pardoning power of the Governor of a state.

The five pardoning powers of the President are pardon, reprieve, respite, remission, and commutation. These powers allow the President to mitigate the punishment imposed on a convicted person.

No, a Governor does not have the power to pardon death sentences. The power to grant pardon in cases of death sentences lies with the President of India.
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