Pardoning Power of Governor under Article 161 of Constitution
Pardoning Power of Governor under Article 161 of the Constitution of India
1. Introduction
Article 161 of the Constitution grants the Governor of a State the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute sentences passed by courts within the state.
This power is similar to the President’s pardoning power under Article 72 but applies only to state matters.
2. 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.”
3. Scope of Governor’s Pardoning Power
Applies to offences against state laws (state subjects).
Includes power to:
Pardon: Completely forgive the offence, releasing the convict from punishment and legal consequences.
Reprieve: Temporary delay or suspension of the execution of a sentence.
Respite: Reduction of sentence, usually on grounds such as pregnancy or illness.
Remission: Reduction in the duration of sentence without changing its character.
Commutation: Changing the sentence to a lesser form (e.g., death sentence to life imprisonment).
The Governor’s power is executive, exercised on the advice of the State Cabinet.
4. Nature of the Power
It is a prerogative power meant to provide relief from harshness of law in exceptional cases.
It is discretionary but not absolute; exercised according to the aid and advice of the State Council of Ministers.
It cannot be challenged easily in courts, but courts can review the exercise of this power for mala fide or arbitrariness.
5. Difference from President’s Pardoning Power (Article 72)
| Aspect | Governor (Article 161) | President (Article 72) |
|---|---|---|
| Jurisdiction | Offences against state laws | Offences against central laws and death penalty cases |
| Scope | State matters | Central matters and cases involving death sentence |
| Advising Authority | State Council of Ministers | Union Council of Ministers |
6. Relevant Case Law
🏛️ Maru Ram v. Union of India (1980)
Supreme Court held that the pardoning power is subject to judicial review to check for mala fide exercise or arbitrariness.
The power is not absolute and must be exercised reasonably.
🏛️ Swaroop Singh v. State of Uttar Pradesh (1966)
The Governor’s pardoning power must be exercised on the aid and advice of the Council of Ministers.
The Governor cannot act arbitrarily or without proper advice.
🏛️ Epuru Sudhakar v. Government of Andhra Pradesh (2006)
The Court reiterated that courts can intervene if there is violation of principles of natural justice in the exercise of pardoning power.
However, the courts should not substitute their opinion for that of the executive.
7. Procedure
Usually, the prisoner or their representatives submit a mercy petition to the Governor.
The Governor consults the State Cabinet.
After due consideration, the Governor may exercise the pardoning power.
The decision is communicated to the appropriate judicial and administrative authorities.
8. Significance
Provides a constitutional safety valve for justice system errors or harsh punishments.
Ensures humanitarian relief in exceptional cases.
Balances rule of law with mercy and clemency.
9. Summary
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 161 |
| Power Conferred | Pardoning power of Governor over state offences |
| Scope | Pardons, reprieves, respites, remissions, commutations |
| Advising Authority | State Council of Ministers |
| Judicial Review | Limited; for mala fide or arbitrariness |
| Landmark Cases | Maru Ram, Swaroop Singh, Epuru Sudhakar |
10. Conclusion
Article 161 empowers the Governor to exercise clemency in the state judicial system. While the power is broad, it is exercised under constitutional advice and subject to judicial review to prevent misuse. It acts as a vital mechanism to temper justice with mercy in appropriate cases.
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