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    Powers of President and Governor

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    Brinda Sharma
    Under Articles 72 and 161 of the Indian Constitution: 1. The President has the power to grant pardons for offences under laws made by the Union and Concurrent Lists as well as for death sentences, while Governors have this power only for offences under State laws. 2. Both the President and Governors have concurrent power to suspend, remit, or commute death sentences. 3. While the President's pardoning powers are wide, the Supreme Court has held that they are subject to judicial review and cannot be exercised arbitrarily or for reasons of caste, politics, or religion.

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    Powers of President and Governor

    Uploaded by

    Brinda Sharma
    29 views2 pages
    Under Articles 72 and 161 of the Indian Constitution: 1. The President has the power to grant pardons for offences under laws made by the Union and Concurrent Lists as well as for death sentences, while Governors have this power only for offences under State laws. 2. Both the President and Governors have concurrent power to suspend, remit, or commute death sentences. 3. While the President's pardoning powers are wide, the Supreme Court has held that they are subject to judicial review and cannot be exercised arbitrarily or for reasons of caste, politics, or religion.

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    POWERS OF PRESIDENT AND GOVERNOR

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    Under Articles 72 and 161 of the Indian Constitution: 1. The President has the power to grant pardons for offences under laws made by the Union and Concurrent Lists as well as for death sentences, while Governors have this power only for offences under State laws. 2. Both the President and Governors have concurrent power to suspend, remit, or commute death sentences. 3. While the President's pardoning powers are wide, the Supreme Court has held that they are subject to judicial review and cannot be exercised arbitrarily or for reasons of caste, politics, or religion.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views2 pages

    Powers of President and Governor

    Uploaded by

    Brinda Sharma
    Under Articles 72 and 161 of the Indian Constitution: 1. The President has the power to grant pardons for offences under laws made by the Union and Concurrent Lists as well as for death sentences, while Governors have this power only for offences under State laws. 2. Both the President and Governors have concurrent power to suspend, remit, or commute death sentences. 3. While the President's pardoning powers are wide, the Supreme Court has held that they are subject to judicial review and cannot be exercised arbitrarily or for reasons of caste, politics, or religion.

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    POWERS OF PRESIDENT AND GOVERNOR

    Under Art. 72, the President has power to grant pardon,


    reprieve, respite or remission of punishment or to suspend,
    remit or commute the sentence to any person convicted of
    an offence (i) in cases where the punishment is by Court
    Martial, (ii) for offences against laws made under Union and
    Concurrent Lists - matters to which executive power of Union
    extends, (iii) for death sentences.
    Art. 72 further lays down that the power conferred on the
    President, however, does not affect the power conferred by
    any law on any officer of the Armed Forces to suspend, remit,
    or commute a sentence passed by Court Martial, and also the
    power exercisable by the Governor of State under any law to
    suspend, remit, or commute a death sentence. It may be
    noted that the British King and the U.S. President also
    possess such judicial powers.
    Under Art. 161, the Governor has such power only for
    offences relating to matters to which executive power of
    State extends; he cannot pardon for (i) and (iii) above. In
    respect of suspension, remit or to commute death sentence,
    both President and Governor have concurrent power.
    In Kuljeet Singh v Lt. Governor o f Delhi (AIR 1982 SC 774),
    held that the exercise of President’s power would have to be
    examined' from case to case. It is submitted that to examine
    case-to-case implies court’s ‘judicial review' on a matter
    which has been vested by Constitution solely in the executive.
    The question of standards and guidelines for the exercise of
    the. power by the President under Art. 72 however, were left
    open by the Court.
    In Kehar Singh v UOI (AIR 1989 SC 653), regarding the
    assassination of Prime Minister Indira Gandhi, the President
    rejected the petition on advice of Union government without
    going into the merits of Supreme Court’s decision of death
    sentence. The court held that a pardon is an act of grace and
    therefore it can’t be demanded as a matter of right. The
    Court need not spell out specific guidelines for the exercise of
    power... because this power is of the ‘widest amplitude' and
    can contemplate a myriad kinds of cases with varying facts.
    The order of President cannot be subjected to judicial review
    on its merits.
    In Epuru Sudhakar v Govt, o f Andhra Pradesh (AIR 2006 SC
    3385), the Apex Court has held that the pardoning powers of
    the President under Art. 72, and, the Governors under Art.
    161 are subject to judicial review. Pardoning power cannot be
    exercised arbitrarily on the basis of caste or political reasons.
    It held that if the pardoning power has been exercised on the
    ground of political reasons, caste and religious considerations
    it would amount to violation of the Constitution and the
    Court will examine its validity.

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