Q. The Governor has been vested with the power to grant pardon by the Constitution. In this context, consider the following statements:
1. S/he cannot suspend or remit a death sentence.
2. S/he cannot suspend or remit a sentence given by court martial.
3. S/he cannot pardon a sentence without the aid and advice of the Council of Ministers.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Article 161 deals with the powers of the Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. The pardoning powers of the Governor form part of his judicial powers.
Statement 1 is incorrect: The Governor can suspend, remit, reprieve or commute a death sentence. Hence, the given statement is incorrect.
Statement 2 is correct: Article 161 does not grant any power to the Governor to pardon, suspend, remit, commute or reprieve a sentence by the court martial or military court. However, as per Article 72, President can grant pardon in cases of punishment or sentence by a court martial.
Statement 3 is correct: The power to grant pardon is not a discretionary power of the Governor. He is bound by the aid and advice of the council of Ministers.
