Judicial Powers of the Governor of a State
The judicial powers of the Governor of a State in India are outlined primarily in the Constitution of India and relate to the Governor’s role in matters concerning the state judiciary and the exercise of certain clemency powers. These powers are mostly formal and exercised in consultation with the state's Council of Ministers. Here's a breakdown:
1. Power to Grant Pardons, Reprieves, etc. (Article 161)
The Governor has the power to:
Grant pardons
Reprieve
Respite
Remit, suspend or commute the sentence of any person convicted of any offense against laws under the executive power of the state
Example:
If a person is convicted under a state law (e.g., state excise laws), the Governor can reduce or cancel their sentence.
⚠️ Note: This power does not extend to:
Offenses related to Union laws (e.g., IPC, central anti-terrorism laws) unless specifically under the state's executive power.
Death sentences related to central laws (only the President can pardon in such cases under Article 72).
2. Appointment Powers Related to Judiciary
Appointment of Judges of Subordinate Courts:
The Governor appoints district judges in consultation with the High Court (as per Article 233).
Appointments to other subordinate courts are made according to rules framed by the Governor (Article 234), again in consultation with the High Court and the State Public Service Commission.
3. Consultation Role in High Court Appointments (Article 217)
The Governor is consulted by the President in the appointment of High Court judges for the state, although this is a formal role, and the actual power lies with the President and the collegium system.
4. Judicial Reports and Recommendations
The Governor may be involved in receiving judicial inquiry reports, such as those from commissions of inquiry constituted under state laws.
Can act on recommendations of the State Human Rights Commission in judicial matters.
5. Clemency Powers in Special Circumstances
In matters of mercy petitions or commutation of sentences (especially in sensitive or political cases), the Governor may act as a constitutional check and balance, though the decision is typically taken on the advice of the state cabinet.
Summary Table
| Judicial Power | Constitutional Basis | Remarks |
|---|---|---|
| Clemency powers (pardon, etc.) | Article 161 | Only for state laws; subject to cabinet advice |
| Appointment of District Judges | Article 233 | In consultation with High Court |
| Appointment of other Subordinate Judges | Article 234 | With advice of State PSC and High Court |
| Consultation in High Court appointments | Article 217 | Formal consultative role; actual appointment by President |
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