Question: Comparative analysis of the pardoning powers of the President (Article 72) and the Governor (Article 161) — scope, distinctions, and constitutional significance
Introduction
The pardoning powers vested in the President and Governor represent a constitutional check on judicial finality, ensuring executive mercy as a last resort. Their differential scope reflects the federal division of legislative and executive authority.
Body
1. Court Martial Sentences — Exclusive Presidential Power
Under Article 72, the President alone can grant pardon, reprieve, respite, or remission to persons convicted by courts martial. Since defence is an exclusively Union subject, the Governor has no jurisdiction over such sentences, making this a clear constitutional distinction.
2. Death Sentence — Presidential Exclusivity
Only the President holds the power to pardon a death sentence under Article 72. The Governor can suspend, remit, or commute a capital sentence but cannot grant an outright pardon in such cases. This distinction is constitutionally significant and has been affirmed in judicial interpretation.
3. Jurisdictional Boundary — State vs. Union Laws
The Governor's pardoning power extends only to offences against State laws. Offences under Union laws fall exclusively within the President's domain. This boundary prevents jurisdictional overlap and maintains federal clarity in the exercise of executive clemency.
4. Nature of the Power — Discretion and Judicial Review
Both powers are executive in nature and exercisable on ministerial advice, not personal discretion. Courts have held that these powers are subject to judicial review if exercised arbitrarily, ensuring they remain instruments of justice rather than political patronage.
Conclusion
The asymmetry between Articles 72 and 161 is deliberate, reflecting the federal structure and the Union's exclusive control over defence and certain laws. Clearer procedural guidelines would strengthen accountability in exercising these sovereign powers.
Word count: 228
PYQ 2025
Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of this power by the President can be subjected to limited judicial review.
II. The President can exercise this power without the advice of the Central Government.
Which of the statements given above is/are correct?
PYQ
The pardoning power of the Governor of a state under Article 161 differs from that of the President under Article 72 in which of the following ways?
I. The Governor cannot pardon a death sentence.
II. The Governor cannot pardon punishments awarded by a court martial.
Select the correct answer using the codes below:
PYQ
Consider the following statements:
I. The President exercises pardoning power under Article 72 on the aid and advice of the Council of Ministers.
II. If the President disagrees with the Cabinet's advice on a mercy petition, he can return it for reconsideration, but must act on revised advice.
Which of the statements given above is/are correct?
PYQ
Consider the following statements about the pardoning power of the Governor under Article 161:
I. The Governor's power does not extend to cases involving offences against Union laws.
II. The Governor can suspend, remit, or commute sentences under state law.
III. The Governor can grant pardon in cases of death sentences under state law.
Which of the statements given above are correct?
PYQ
The power of the President to pardon under Article 72 extends to which of the following cases?
I. Cases involving offences against Union Laws
II. Cases tried by courts martial
III. Cases involving death sentences
Select the correct answer: