The pardoning power of the Governor is an important part and it is mentioned in the preamble in Article 161. It mainly discussed the power of a governor in the time of granting punishment to a convict who committed an unlawful act. The readers can get a detailed description of the pardoning power of the governor and it is the importance of this study. Here discussion will be done on the different facts about this power. 

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Pardoning Power of Governor

The governor has the power to grant pardons and also has the power to remit, suspend, or commute sentences in some cases. The governor of a state in this aspect also has the power to grant pardons, respites, and reprieves of the punishment. The sentence a convict can be pardoned who has committed an offence against any law that is relating to a matter of the executive power.  

Facts about the Pardoning Power of Governor

The facts about the pardoning power of the governor are mentioned in Article. It says that the governor of a state shall have the power for granting pardons, respites, reprieves, and remission. In this factor, he can also suspend the punishment. The executive power of the governor is to pardon a convict who had done wrong deeds. The fact also says that in the past the governor did not possess the power but in recent years he had been permitted the power of pardoning the death sentence. 

What did the Court say Regarding the Pardoning Power of the Governor?

The Supreme Court of India had observed the fact that the Governor can be given the pardoning power. It is mentioned under Article 161 of the Constitution and this factor is not restricted by Section 433-A. It has given the power to pardon or commute the sentence. It overrides the restrictions that are imposed under Section 433-A of the Criminal Procedure Code. 

What Is the Scope of Pardoning Power?

The scope for pardoning power is mainly described in Article 72 and in Article 161. Among the two articles, Article 72 describes the pardoning power of the President. It defines the role of a President in pardoning, commuting, or remitting the sentences of any convict for his crime. On the other hand, Article 161 denotes the matter of the pardoning power of the Governor. The State Governor has the power to grant reprieves, pardon, remissions, and respite the punishment or suspend the punishment.   

Exercise of Pardoning Power in India

According to the law of Justice, the power of pardoning exists for preventing injustice whether from harsh, unjust laws or from the judgements that result in injustice. The exercise includes different matters like:

• Nature of the pardoning power
• Discussion on the legislative background
• Pardoning power at the International level

These all exercises of pardoning power in the Indian Constitution can be seen and they have significance in this field. 

Difference between Pardoning Power of President and Governor

The President and the Governor in India have the pardoning power for specific purposes where they can use their authority to pardon victims based on their records. Despite a few similarities between the pardoning power of the President and the Governor, there are a few common distinctions regarding the fatality of the judgement according to the Indian jurisdiction. The President of the country is capable of pardoning a criminal who has been sentenced to death for criminal deeds. Contrarily, the Governor does not have the authority to pardon someone who is a death sentence victim already. Apart from that, most pardoning operations are inflicted on the President. Further, for the Governor, a court-martial needs to be introduced for pardoning criminals or persons who have committed crimes according to the Indian jurisdiction. 

Conclusion 

The Governor plays an important role in the Constitution of India and he has the power of pardoning. In this study through the description of different matters, it is observed that governors can grant respire, reprieve, pardon, remission, or commute to a convict. The most important factor here is that it denotes various facts regarding the pardoning power of the governor in this field. This is the importance of this study and it presents the matter in an effective way.