Article 161 of Indian Constitution: Power of Governor to grant Pardon

Article 161 of Indian Constitution empowers the Governor of a state to grant pardons, reprieves, respites, remissions or to suspend or commute sentences for offences under laws falling within the legislative domain of the State. This power is confined to state laws and does not extend to offences under central laws or military courts. A pardon under Article 161 of Constitution removes both the conviction and its consequences, such as civil disabilities. The Governor exercises these powers based on the advice of the Council of Ministers; discretion may be applied in certain cases. Although generally non-justiciable, courts may intervene if the Governor acts arbitrarily, without proper advice, or with mala fide intent. Explore other important Constitutional Articles.

Article 161 of Indian Constitution

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.

Note: “The information on Article 161 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

📚 Exclusive Free Judiciary Notes For Law Aspirants

Subjects	PDF Link
Download the Free Bharatiya Nyaya Sanhita PDF Created by legal experts	Download Link
Grab the Free Law of Contract PDF used by Judiciary Aspirants	Download Link
Get your hands on the most trusted Free Law of Torts PDF	Download Link
Crack concepts with this Free Jurisprudence PDF crafted by top mentors	Download Link

Download Free Article 161 of Indian Constitution PDF

Article 161 of Indian Constitution plays an important role in ensuring the executive authority of the State complements the judiciary. It grants the Governor to extend mercy and compassion in cases fostering opportunities for reformation and rehabilitation of convicted individuals.

The power of the Governor though discretionary, is not absolute. The Governor under Article 161 of Indian Constitution can grant pardons and perform various other functions related to sentences including reprieve, respite, remission, suspension and commutation. Here’s a closer look at these terms:

• Pardon: A pardon absolves the convicted person entirely from the offence and its associated consequences. It restores all rights and privileges and treats the individual as if no conviction had occurred.
• Reprieve: It refers to a temporary delay in executing a sentence and allows the individual time to seek legal remedies. The duration of a reprieve is determined by the Governor.
• Respite: A respite temporarily postpones a sentence especially in cases where the individual is physically or mentally not well.
• Remission: A remission reduces the severity or duration of a sentence without absolving the individual of the offence. Remission is granted on the principles of justice, equity and good conscience.
• Suspension: Suspension delays the execution of a sentence and is applied when there are doubts about the correctness of the conviction or new evidence has emerged.
• Commutation: Commutation involves replacing the original punishment with a less severe one.

Difference between Article 72 and Article 161 of Indian Constitution

The following are the difference between Pardoning power of the President under Article 72 and Governor under Article 161 of Indian Constitution -

Aspect	President Pardoning Power (Article 72)	Governor Pardoning Power (Article 161)
Court Martial Cases	The President under Article 72 of Indian Constitution can grant pardons for sentences awarded by a Court Martial.	The Governor does not have the power to grant pardons in Court Martial cases.
Death Sentence Cases	The President can grant pardons in all cases involving the death penalty.	The Governor pardoning power under Article 161 of Indian Constitution does not cover death sentence cases.

Article 161 of Indian Constitution: Significance

Article 161 of Indian Constitution under Part VI plays an important role in balancing the judicial and executive branches at the state level by introducing an element of mercy within the criminal justice system. It empowers the Governor to provide relief in exceptional cases, correcting potential judicial errors or mitigating harsh punishments, thereby upholding principles of fairness and compassion in state governance.

Article 161 of Indian Constitution: Grounds for Judicial Intervention

Article 161 of Indian Constitution grants the Governor the power to grant pardons and other forms of clemency for offences under state laws. However, this power is subject to judicial review in certain situations to prevent misuse or abuse of authority.

• Lack of Application of Mind:
  The Courts may intervene if the decision of the Governor appears unreasoned or made without considering relevant factors like the conduct of the convict or time served.
• Mala Fide Intent:
  Clemency must be exercised in good faith. If used to declare an accused innocent or for improper motives, it violates Article 161 of Constitution.
• Extraneous Considerations:
  If irrelevant factors influence the decision, it may be challenged. However, the actions of the Governor are presumed bona fide unless the petitioner proves otherwise.
• Fraud or Suppression of Facts:
  A pardon obtained by deceit or withholding crucial information can be invalidated by the court.
• Jurisdictional Overreach:
  The powers of the Governor under Article 161 of Indian Constitution are limited to state law offenses. Clemency granted for offences under Union law is unconstitutional and liable to be struck down.

Article 161 of Indian Constitution: Case Laws

The judiciary have shaped and clarified the powers of the President and Governors through various landmark judgments. The following are some of the important cases related to Article 161 of Indian Constitution -

KM Nanavati vs State of Maharashtra

The Supreme Court held that the power of the Governor to suspend a sentence under Article 161 of Indian Constitution is limited by the rules framed by the Court under Article 145. Thus, the Court in KM Nanavati vs State of Maharashtra held that the Governor cannot suspend a sentence if the case is still pending before the Supreme Court.

Kuljeet Singh (Ranga Billa case), Kehar Singh (Indira Gandhi assassination) and Jumman Khan

In these cases, the Court upheld that the President under Article 72 and Governors under Article 161 of Indian Constitution possess full discretionary authority to grant pardons. However, it is important to note that no person can assert a legal right to be pardoned.

Epuru Sudhakar vs. Government of Andhra Pradesh

The Court highlighted that the pardoning power of the President under Article 72 and Governors under Article 161 is open to judicial review. Invoking Article 142 rather than Article 13, the Court analysed misuse of pardoning powers and asserted that such powers must not be exercised arbitrarily or for reasons of caste, religion, or political bias.

Conclusion

Article 161 of Indian Constitution empowers the Governor to grant pardons, reprieves, respites, remissions, suspensions or commutations of sentences in certain cases. It allows the Governor to act with mercy and compassion. It is to be noted that the power under Article 161 is discretionary and it must be exercised in accordance with established legal principles and justice.