Article 431 of the Costitution of India with Case law
🧾 Article 432 of the Constitution of India
– Power of Governor to remit sentences
📜 Text of Article 432:
(1) 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.
(2) Nothing in sub-clause (a) of clause (1) of Article 72 shall affect the power to suspend, remit or commute a sentence exercised by the Governor under any law in force.
✅ Essence of Article 432:
| Feature | Description |
|---|---|
| Applies to | Persons convicted under laws where the State has executive authority |
| Power held by | The Governor of a State |
| Type of powers | Pardon, reprieve, respite, remission, suspension, or commutation |
| Not affected by | President’s powers under Article 72 do not override this Article |
📌 Difference Between Article 72 and Article 432:
| Article 72 (President) | Article 432 (Governor) |
|---|---|
| Applies to Central laws, court-martial cases, and death sentences | Applies to State laws only |
| Wider scope | Limited to State's executive power |
⚖️ Important Case Laws Related to Article 432:
🧑⚖️ 1. Maru Ram v. Union of India (1981)
Citation: AIR 1980 SC 2147
Held:
Pardon/remission is not absolute; it is subject to judicial review if exercised arbitrarily or with mala fide intent.
Governor must act on the aid and advice of the Council of Ministers.
🧑⚖️ 2. Epuru Sudhakar v. Government of Andhra Pradesh (2006)
Citation: AIR 2006 SC 3385
Held:
Exercise of clemency powers (under Articles 72 & 432) can be challenged in court if:
Based on irrelevant considerations
Non-application of mind
Malafide reasons
🧑⚖️ 3. Kehar Singh v. Union of India (1989)
Citation: AIR 1989 SC 653
Though based on Article 72, the principles apply equally to Article 432.
Held: President or Governor can look into evidence and other materials not presented in the court.
🧑⚖️ 4. Swaran Singh v. State of U.P. (1998)
Citation: AIR 1998 SC 2026
Held:
Governor's power under Article 432 cannot be exercised arbitrarily.
It must not override the rule of law and must align with justice and public interest.
🔄 Process for Exercise of Power under Article 432:
Application for remission or pardon made to the State Government.
Matter is considered by Council of Ministers.
Council advises the Governor.
Governor acts in accordance with such advice (as per Article 163 and SC judgments).
Final decision is not beyond judicial review, especially if:
Violates constitutional norms
Is discriminatory or arbitrary
🔍 Important Terms:
| Term | Meaning |
|---|---|
| Pardon | Completely absolves the offence |
| Reprieve | Temporary stay on execution of a sentence |
| Respite | Reduces severity (e.g., due to pregnancy, health) |
| Remission | Reduces sentence without changing nature of punishment |
| Commute | Substitutes one punishment for a less severe one |
🧠 Key Takeaways:
| Point | Explanation |
|---|---|
| Power lies with | Governor (but based on State Govt’s advice) |
| Scope | State offences only |
| Subject to Judicial Review? | ✅ Yes, if exercised unfairly |
| Independent of Article 72? | ✅ Operates separately |
| Must follow principles of justice | ✅ Must be fair, just, non-arbitrary |
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