The pardoning power of Governor is a crucial aspect of the Indian judicial system. It grants the Governor the authority to grant pardons to individuals convicted of crimes. This power holds immense significance. It allows the Governor to mitigate the legal consequences of a conviction. It offers the guilty a chance for mercy, forgiveness, and redemption.

This article aims to explore the pardoning power of Governor in India. It is a part of the Indian Polity subject in the Mains General Studies Paper-II syllabus. It is also a part of the General Studies Paper-1 of the UPSC Prelims Syllabus.

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About the Pardoning Power of Governor

Pardoning powers of the Governor refer to one of the authorities granted to the Governor. It allows the governor to forgive, lessen, or alter the punishment of individuals convicted of crimes. He can grant pardons, reduce sentences, or offer acts of mercy. 

The pardon powers of Governor include a few important actions:

• Pardon - The Governor can completely forgive a person for their crime, removing all legal consequences.
• Commute - This power allows the Governor to change the length or type of punishment. This includes reducing a prison term or converting a death sentence to a lesser penalty.
• Reprieve - The Governor can temporarily delay or postpone the punishment.
• Remit - The authority to reduce or waive the punishment or penalty imposed. It allows the Governor to modify the severity of the sentence. 
• Respite - This power allows the Governor to provide a temporary break or relief from the punishment. This is usually for humanitarian or compassionate reasons. 

These powers help the Governor address cases where justice might not have been served properly. It helps give people a chance to reform and promote a more humane and fair society. 

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Types of Pardoning Powers of Governor

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Constitutional Provisions Related to the Pardoning Power of Governor

The Constitution provides certain rules for the Governor's pardoning power:

• The Governor's pardoning power is discretionary. This means that they are not obligated to grant a pardon if requested.
• Factors considered by the Governor include the following:
  • nature of the crime, 
  • circumstances of the conviction, 
  • conduct of the convict, and 
  • any representations made on their behalf.

Article 161 of the Constitution

The Governor can grant pardons, reprieves, or commute sentences. This is applicable to people convicted of crimes within the state's authority.

Section 433A of the Code of Criminal Procedure 

• This states that a prisoner must serve at least 14 years before their sentence can be remitted.
• However, the Supreme Court gave a ruling on August 3, 2021, in this regard. 
  • It ruled that the Governor can pardon inmates, including those on death row, even before they have served 14 years in prison.

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Important Supreme Court Judgements 

There have been several important Supreme Court judgments related to the pardoning power of the Governor in India. Here are a few notable ones:

• Maru Ram v. Union of India (1980): The Supreme Court held that the power of pardon under Article 161 of the Constitution rests with the Governor and is not subject to judicial review. However, the Governor must exercise this power in accordance with the aid and advice of the Council of Ministers.
• Epuru Sudhakar & Anr. v. Govt. of A.P. & Ors. (2006): The Supreme Court clarified that the Governor's power to grant pardon is not absolute. It must be exercised within the constitutional framework, taking into account the principles of judicial review, fairness, and reasonableness.
• S.R. Bommai v. Union of India (1994): Although not directly related to the pardoning power, this landmark judgment emphasized the principles of federalism. It held that the Governor should act in a manner consistent with the advice of the Council of Ministers. It reaffirmed the importance of the democratic process in the exercise of gubernatorial powers.

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Difference between Pardoning Powers of President and Governor 

The below table highlights the difference between the pardoning power of president and governor:

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We hope that all your doubts regarding the Pardoning Power of Governor will be cleared after going through this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.