Published on: August 6, 2021



Port Area About :

  • Article 161 deals with the Pardoning Power of the Governor.
  • The Governor-
    • Can grant pardons, reprieves, respites and remissions of punishments or suspend, remit and 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.
    • Cannot Pardon a Death Sentence. (The President has the power of Pardon a death Sentence).
    • Cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. However, the President can do so. What is in news :  The Supreme Court recently held that the Governor of a State can pardon prisoners, including those on death row, even before they have served a minimum 14 years of prison sentence

Concern : Article 161 overrides provision in the Code of Criminal Procedure — Section 433A — which mandates that a prisoner’s sentence can be remitted only after 14 years of jail

What did court say :  Section 433A of the Code cannot and does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution. Such power is in exercise of the power of the sovereign, though the Governor is bound to act on the aid and advice of the State Government