- What does the Constitution say about the pardon power of the Governor?
- What did the Supreme Court say on the pardon power of the Governor?
The Constitution of India, specifically Article 161, grants the Governor of a State 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.
The Supreme Court has made several significant judgments regarding the pardon power of the Governor. Here are some key points:
Governor’s Power to Pardon Overrides Section 433A: SC:
The Supreme Court held that the Governor of a State can pardon prisoners, even before they have served a minimum of 14 years of prison sentence, overriding the provision in Section 433A of the Code of Criminal Procedure (CrPC) that mandates a minimum 14-year sentence before a prisoner can be released.
Power Exercised by State Government:
The court noted that the sovereign power of a Governor to pardon a prisoner under Article 161 is actually exercised by the State government and not the Governor on his own. The advice of the appropriate government binds the Head of the State.
Order of Commutation:
The action of commutation and release can be pursued under a governmental decision, and the order may be issued even without the Governor’s approval. However, under the Rules of Business and as a matter of constitutional courtesy, it may seek approval of the Governor if the release is under Article 161 of the Constitution.
Landmark Judgements:
Swaran Singh v. State of U.P. (1998):
In this case, the Governor of U.P. granted remission of a life sentence to a Minister of a State Legislature. The Supreme Court halted the Governor’s order, stating that while it lacks the authority to interfere with an order made by the Governor in accordance with Article 161, it must intervene when that power has been used arbitrarily, mala fide, or in complete disregard of the “finer cannons of constitutionalism.” The court further stated that such an order cannot get “the judicial hand must be stretched to it”.
Epuru Sudhakar v. State of A.P. (2006):
In this case, the accused was awarded a death sentence for the murder of a political opponent. The pardon granted to the accused was upheld by the Supreme Court, highlighting the Governor’s power to pardon under Article 161.
These judgments collectively emphasize the Governor’s power to pardon prisoners, including those on death row, and the limitations on this power.
The Supreme Court on 3rd August 2021 held that the governor of a state can also grant pardon to a person facing death penalty punishment. The pardoning power of Governor includes provisions under Article 161 of the Constitution.
Pardoning Power of Governor Vs President Pardoning Power of President He can rationalize a penalty allocated by the military court or court-martial. The President has the right to pardon the death punishment through substitution or in its entirety. The President’s pardoning powers are given when the prisoner commits a crime against a Union law. Governor Pardoning Power The governor do not possess the control to pardon the punishment issued by the judicial examination on the criminal. Governor can suspend, pardon or commute the death verdict using the powers of pardoning. Governor’s pardoning powers are given when the prisoner commits a crime against state law.
The August 2021 judgement of Supreme Court regarding the Governor’s power to pardon overrides a 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. Similar to the Pardoning Power of the President, the pardoning power of the Governor grants the following: Pardon Respite Remission Reprieve Commute These pardoning powers of the Governor form part of his judicial powers.
