Article 432 of the Costitution of India with Case law
Article 432 of the Constitution of India
Title: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
🧾 Text of Article 432:
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.
432(2): If in any case a question arises whether the executive power of the State extends to any matter, the decision of the President thereon shall be final.
🔍 Key Concepts:
| Clause | Explanation |
|---|---|
| Clause (1) | Grants the Governor power similar to the President’s power under Article 72, but only for state matters. |
| Clause (2) | If there's a dispute whether the offence falls under the state's executive jurisdiction, the President of India decides — and that decision is final. |
✅ Scope of the Governor's Clemency Powers:
The Governor can:
Pardon: Completely absolve the person from legal consequences.
Reprieve: Temporary suspension of the sentence.
Respite: Reduce the sentence in view of special circumstances (e.g., pregnancy).
Remit: Reduce the sentence without changing its character.
Commute: Substitute one form of punishment for another (e.g., death to life imprisonment).
🧑⚖️ Key Case Laws on Article 432:
🔹 Maru Ram v. Union of India, AIR 1980 SC 2147
The Court held that clemency powers under Articles 72 (President) and 432 (Governor) are not personal powers.
They must be exercised on the aid and advice of the Council of Ministers.
🔹 Kehar Singh v. Union of India, AIR 1989 SC 653
Though mainly on Article 72, the Court clarified that Article 432’s powers are parallel at the state level.
Reiterated that governor acts on ministerial advice.
🔹 Epuru Sudhakar v. Government of A.P., (2006) 8 SCC 161
The Supreme Court ruled that judicial review is available even in clemency cases.
Clemency decisions (under Article 72 or 432) can be challenged if arbitrary, discriminatory or mala fide.
🔹 Swamy Shraddananda v. State of Karnataka, (2008) 13 SCC 767
The Court allowed a life sentence without remission to ensure that the Governor’s powers under Article 432 are not misused to prematurely release convicts in heinous crimes.
⚖️ Distinction Between Article 72 and Article 432:
| Feature | Article 72 (President) | Article 432 (Governor) |
|---|---|---|
| Applies To | Union matters (e.g., central laws, court-martial) | State matters |
| Authority | President of India | Governor of the State |
| Scope | Broader | Narrower |
| Advice | Council of Ministers at the Centre | State Council of Ministers |
🧾 Conclusion:
Article 432 provides the Governor with the power to grant clemency in state-related offences. However, this power is not absolute and is subject to:
Cabinet advice, and
Judicial review.
It is part of the checks and balances in India’s federal criminal justice system.
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