Governor's pardoning power
Also called: Article 161 · Topic: State Government: Governor, Chief Minister, State Legislature and Union Territories · NCERT: Beyond NCERT
Meaning
Article 161 lets the Governor pardon a convict, or reduce, delay or change a punishment. The power covers offences against laws on matters within the state's executive power. The Governor does not use this power alone. In A.G. Perarivalan (2022), the Supreme Court held that the Governor must follow the state cabinet's advice under Art. 161.
Example
In Perarivalan (2022), a state cabinet had advised releasing a convict, but the Governor kept the matter pending. The Court held that the Governor was bound by the cabinet's advice and could not sit on it.
Don't confuse with
- President's pardoning power (Art. 72): The President can deal with court-martial sentences (punishments given by military courts), and the Governor cannot. Textbooks also say only the President can fully pardon a death sentence. State of Haryana v. Raj Kumar (2021) may read Art. 161 more widely, so check the current position.