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Pardoning Power of Governors - Supreme Court
August 6 , 2021
1135 days
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- The Supreme Court of India held that, Governor of state can pardon prisoners, including in the death sentence cases.
- The Governor can pardon the prisoners even before they have completed minimum 14 years of prison sentence.
- The Bench also held that, Governor’s power to pardon overrides a provision given under Section 433A of Code of Criminal Procedure.
- The Section 433A mandates that sentence of prisoner can be remitted only after 14 years of jail.
- The Court noted, sovereign power of Governor to pardon prisoner under Article 161 is exercised by the State government and not the Governor on his own, in reality.
Note
- Article 161 of the Indian constitution provides the Governor of a State with power to grant pardons, reprieves, respites or to remit punishment or to suspend, remit or commute sentence of any person convicted of any offence against laws.
- As of now, only President had the power to pardon in all cases including that in death sentence cases.
- However, this provision for Governor has been reversed by Supreme court recently.
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