📜 Article 161 of the Indian Constitution
Title: Power of the Governor to Grant Pardons, etc., and to Suspend, Remit or Commute Sentences in Certain Cases
🔹 Text of Article 161:
“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.”
📌 Key Terms & Their Meaning:
| Term | Meaning |
|---|---|
| Pardon | Completely absolves the convict from all legal consequences of the crime. |
| Reprieve | Temporary delay in execution of a sentence (especially death sentence). |
| Respite | Reducing the degree of punishment due to special circumstances (e.g., pregnancy). |
| Remission | Reduction in the length of the sentence without changing its nature. |
| Commute | Substitution of one form of punishment with a lesser form. |
🧠 Key Points:
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Governor’s clemency powers apply only to state laws and cases where the State has executive power.
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These powers are limited compared to the President’s powers under Article 72.
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Governor cannot pardon death sentences, only suspend, remit, or commute them. (Only the President can grant full pardon for death sentences under Article 72)
⚖️ Governor vs President’s Power (161 vs 72):
| Aspect | Governor (Article 161) | President (Article 72) |
|---|---|---|
| Scope | State laws | Union laws, Court Martial, and death sentences |
| Death Sentence Pardon | ❌ Cannot pardon death sentence | ✅ Can pardon death sentence |
| Jurisdiction | Offences under State jurisdiction | Offences under Union jurisdiction |
🏛️ Example Use:
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Governor may remit sentences on state festivals (e.g., Independence Day) under state laws like the Indian Penal Code (IPC).
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