Question

Power of Governor to grant pardon etc. and also to suspend, remit or commute the sentence in certain cases is the statutory power. It is given in ____________.
A. Article 159 of the Constitution
B. Article 161 of the Constitution
C. Article 162 of the Constitution
D. Article 163 of the Constitution

Answer 1

Hint:
Indian constitution covers many possible aspects related to law and citizens. In India, the President is the highest authority representing the citizens with the power of the constitution. Similarly in the state, the Governor is the highest authority and representative of the President.


Complete step by step solution:
Our constitution has different articles with a different kind of coverage. According to Article 161 of our constitution, the Governor has the power to issue the order to grant pardons, reprieves or respites. Governor even has power for the remission of punishments or to suspend, remit or commute the sentence of any person. A conviction may be of any type of offence against any law relating to a matter to which the executive power of the state extends. But, the Governor cannot pardon the death sentence.

Hence, the correct answer is option B.

Additional Information:
Before the independence under section 295 of Government of India Act, 1935 Governor-General was having the power to prerogative to commute, refute or suspend the punishments. But after independence, only the president has been empowered by article 72(1) and also Governors by article 161. But, the ambit of power in case of Governor is narrower than that of presidents. This power is very much exclusive and has to be used with great caution.


Note:
The power given to the Governor under article 161 has to follow the three important words with focus. These are Offence, Punishment and Sentence. Actually, these three are the prerequisites and only when the justice is not met by the execution of such a sentence this power has to be exercised.