Pardoning Power of President and Governor

The President's pardoning power has been highlighted by recent developments in the Rajiv Gandhi assassination case.

Constitutional Aspect of Pardoning Power

  • Article 72 empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases.
  • Under Article 161, the Governor of a state also possesses the pardoning power.

Difference between Pardoning Power of President and Governor

  • President can pardon sentences inflicted by court martial (military courts) while the governor cannot.
  • President can pardon death sentence while governor cannot. Even if a state law prescribes death sentence, the power to grant pardon lies ....
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Indian Polity And Governance