[Results] Prelims 2020 Over - Gearing for 2021
Because of the corona virus issue? If it does not happen then worst affected will be people whose interview is stuck, around 600-700 such people I think are yet to appear for their interview.
@neyawn sir and others, what is your take?
This is the official Thread for discussion of Prelims Postponement, Please do not create new threads for the same.
@whatonly ny list short,crisp and effective of abbreviated small govt schemes?
Felt the need for it too but haven’t made it yet. Will let you know if I manage to make time to do it :)
Regarding the Pardoning power issue. For certain intricacies Laxmikant, and a lot of other sources, may have got it wrong. So beware!
This is different from what I know. Governor can suspend, remit or commute a death sentence. He cannot pardon, or grant reprieves or respites. That is the only way in which one can have a harmonised reading of Articles 72 and 161. This is also explicitly provided in A. 72(c).
Pardon means the person who was once convicted is freed of the conviction itself and he would be a free man. This power rests only with the President in cases of death sentence. Suspension, remission and commutation affect only the character of the punishment and not the conviction itself.
Please see highlights in green.
@Freakhoto From what I have observed, you seem to be a sincere aspirant who puts in the efforts. So, I am writing this to let you know that you are spreading your energies thin lamenting over a random test gone wrong. I too gave the test. Scored 121, but this number is not exciting for me!
I was more excited to know the mistakes I committed. That's the only reason I give these mock tests. I have kept the log of my mistakes since the time I started attempting these mock tests seriously. I make it a point not to commit the mistakes I have committed in the past. That should be the agenda behind taking these mocks. Numbers mean nothing.
In today's paper, I didn't know SAANS initiative, Heaven lake and many such items that were new to me. Does that mean I'm out of the race? No. I am in the race because I have put in a lot of hardwork. 90 or 120 for that matter is just a stupid number. The takeaway is the 110 marks in your case and 80 marks in mine- the knowledge deficit that needs to be bridged!
@Freakhoto From what I have observed, you seem to be a sincere aspirant who puts in the efforts. So, I am writing this to let you know that you are spreading your energies thin lamenting over a random test gone wrong. I too gave the test. Scored 121, but this number is not exciting for me!
I was more excited to know the mistakes I committed. That's the only reason I give these mock tests. I have kept the log of my mistakes since the time I started attempting these mock tests seriously. I make it a point not to commit the mistakes I have committed in the past. That should be the agenda behind taking these mocks. Numbers mean nothing.
In today's paper, I didn't know SAANS initiative, Heaven lake and many such items that were new to me. Does that mean I'm out of the race? No. I am in the race because I have put in a lot of hardwork. 90 or 120 for that matter is just a stupid number. The takeaway is the 110 marks in your case and 80 marks in mine- the knowledge deficit that needs to be bridged!
Wisest of words!
Well, the source was ShodhGanga. My simple interpretation is that in case where pardon relates to a punishment prescribed by state law - Governor has the jurisdiction. It is without doubt subject to Article 72, but the power exists. As MP Jain mentions - pardoning power "overlaps" in case of death sentence. Would be more than happy to stand corrected, though.
This has been settled long back.
Only President has the power to grant pardon if the sentence is a death sentence notwithstanding the nature of law, central or state.
Article 72(1)(c)gives President the power to grant pardon where the sentence is a sentence of death.
Article 161gives Governor to grant pardons for any offence against any law relating to a matter to which State's executive power extends.
If we read these provisions together, they seem to imply a parallel power of granting pardon to two constitutional dignitaries if the sentence is a sentence of death pertaining to a state law. This is a constitutional anomaly. But, we also need to read one more article.
Article 72(3)says that it is known that Article 72(1)(c) exists. But, Article 72(1)(c) cannot restrict the power tosuspend, remit or commutea death sentence exercisable by the Governor of a state under any state law.
1. The word "pardon" was deliberately omitted from this clause to lay down a clear set of principles.If Governor was to be allowed this power, the word "pardon" should have been mentioned in this specific article. This is the only article that talks about the parallel power of President and Governor vis-a-vis death sentence.
2. Also, notice the choice of words. It uses"Nothing in this clause shall affect" such power i.e. to suspend, remit or commute. This implies that thepardoning power of the Governor can be affectedif President chooses to exercise his powers under Article72(3)!
Shodhganga has got it wrong! It is just a repository of theses that are done for university purposes. It is done by people like you and me.
Always trust bare text of the Constitution and nothing else. No summary can match the authenticity of the original text!
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