Supreme Court of India held that the Governor of state can pardon prisoners, including in the death sentence cases. Governor's power to pardon overrides a provision given under Section _______ of the Code of Criminal Procedure.
VerifiedAnswer: 433A
Explanation:
The Governor's power to pardon prisoners, including those sentenced to death, overrides the provisions laid down under Section 433A of the Code of Criminal Procedure (CrPC), 1973. This section specifically deals with restrictions on the remission of life sentences in certain cases, particularly those involving death sentences that have been commuted to life imprisonment.
Section 433A was introduced through an amendment in 1978 to ensure that persons whose death sentences have been commuted to life imprisonment serve a minimum period of 14 years in prison before becoming eligible for release. This provision was enacted to address public concerns about the premature release of serious offenders and to maintain the sanctity of judicial pronouncements in heinous crimes.
However, the Supreme Court has consistently held that the constitutional powers of the President under Article 72 and the Governor under Article 161 are not subject to the restrictions imposed by Section 433A. These constitutional provisions grant the power of pardon, reprieve, respite, or remission of punishment to the President and Governors respectively, and they operate independently of statutory limitations.
The rationale behind this judicial interpretation is that constitutional powers cannot be curtailed or overridden by ordinary statutory provisions. The founding fathers of the Constitution deliberately vested these extraordinary powers in the highest constitutional authorities as a safeguard against miscarriage of justice and to provide a final avenue for mercy in exceptional circumstances.
Key aspects of this legal principle include:
• Constitutional powers under Articles 72 and 161 supersede statutory restrictions • The Governor can exercise pardoning power even before the completion of 14 years as mandated by Section 433A • This power extends to all types of sentences, including death penalty cases • The exercise of this power is subject to constitutional limitations and judicial review for arbitrariness
This principle ensures that there remains a final constitutional remedy available even in the most serious criminal cases, reflecting the balance between the rule of law and the need for mercy in exceptional circumstances. Students preparing for competitive examinations should remember that while Section 433A imposes statutory restrictions on remission, the constitutional pardoning powers remain supreme and unaffected by such limitations.
