Governor’s pardon power overrides 433A: SC
Part of: Prelims and GS -II- Constitution
In news: The Supreme Court recently held that the Governor of a State can pardon prisoners, including those on death row, even before they have served a minimum 14 years of prison sentence.
- Section 433A mandates that a prisoner’s sentence can be remitted only after 14 years of jail
- According to the judgement, the Governor’s power to pardon overrides Section 433A provision in the Code of Criminal Procedure
- It also noted that Section 433A of the Code cannot and does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution
Do you know?
- Article 72 deals with the power of the president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
- Article 161 deals with the power of the 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.
Important value additions:
- Governors can only pardon in the cases which are related to state’s law not the central law.
- Governor can reduce the sentence or can completely pardon it. It is up to him but cases must be within that state’s law.
- He doesn’t have any power if the offender has been awarded with the death sentence, whether by the state’s law or central law. If the capital punishment has been given then only president of India can pardon it however governor can delay it.
- Governor doesn’t have any power on matters related to military rules like court-martial, however the president can pardon or alter them too.
News Source: TH