Actual Article
Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
The Governor of a State shall have 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.
UPSC Notes for Article 161
Explanation:
- Pardoning Powers:
- The Governor has the authority to grant pardons, reprieves, respites, and remissions of punishment.
- These powers also include the ability to suspend, remit, or commute sentences for offences under state law.
Key Points:
- Scope of Power: This power is applicable to offences against laws that fall within the purview of the State’s executive powers.
- Judicial and Executive Balance: Represents a crucial intersection of judicial and executive functions, allowing for mercy in the justice system administered at the state level.
Important Cases and Commissions Related to Article 161
Cases:
- Kehar Singh vs. Union of India (1989): Addressed the nature of the pardoning power of the President under Article 72, which is analogous to the powers of the Governor under Article 161, emphasizing that this power should be exercised on the advice of the relevant government.
- Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors (2006): The Supreme Court laid down principles guiding the exercise of mercy powers, stating that these powers are subject to judicial review, especially in cases of arbitrariness or malafide actions.
Commissions:
- Law Commission of India: Various reports have discussed the pardoning powers of the Governor, suggesting guidelines to make the process transparent and consistent.
- Second Administrative Reforms Commission: Recommended reforms to ensure that the pardoning process is not only fair but also seen to be fair, enhancing trust in the justice system.
Previous Year Prelims Questions Related to Article 161
- (UPSC Prelims 2016) Under Article 161, the Governor of a State has the power to:
- A. Appoint Judges of the State High Court
- B. Declare a state of emergency in the State
- C. Grant pardons or commute sentences of offenders in certain cases
- D. Make laws on subjects from the State List Correct Answer: C. Grant pardons or commute sentences of offenders in certain cases
- (UPSC Prelims 2018) The power of the Governor to grant pardons extends to:
- A. All cases
- B. Cases where the punishment or sentence is by a court-martial
- C. Offences against laws relating to matters to which the executive power of the State extends
- D. Offences against Union laws Correct Answer: C. Offences against laws relating to matters to which the executive power of the State extends
Previous Year Mains Questions Related to Article 161
- Mains 2016: “Discuss the constitutional role of the Governor in the context of Article 161. How do these powers reflect a crucial aspect of executive authority in the criminal justice system?”
- Mains 2019: “Analyze the significance of the Governor’s pardoning powers under Article 161. What are the implications of these powers on the administration of justice at the state level?”
Additional Insights:
- Mercy and Justice: The pardoning powers under Article 161 provide a critical mechanism for mercy, offering a chance for correction of judicial errors and acts of humanity.
- Executive Check on Judiciary: These powers act as a necessary check on the judiciary, ensuring that mercy is a part of the penal system.
- Responsibility and Scrutiny: While the Governor’s powers are significant, they are subject to legal standards and judicial review, ensuring that the power is used judiciously and responsibly.
Understanding Article 161 is crucial for UPSC aspirants as it outlines the Governor’s power to grant pardons and other forms of clemency, reflecting an important aspect of the executive’s role in the criminal justice system. This knowledge is essential for both preliminary and main examinations, offering insights into how mercy and justice are balanced in the administration of law at the state level.