Question
Download Solution PDFThe Governor of State possesses the pardoning power under which Article of the Constitution of India?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Article 161.
Key Points
- The answer to the given question is option 2, i.e., Article 161.
- The pardoning power is the power to grant a reprieve or pardon to a person convicted of a crime.
- This power is vested in the Governor of a State under Article 161 of the Constitution of India.
- The Governor can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.
- However, the Governor cannot pardon a person who has been sentenced to death without consulting with the Council of Ministers of the State.
- The pardoning power of the Governor is an important constitutional check on the judiciary and ensures that justice is tempered with mercy.
- Hence, the statement is correct.
Additional Information
- Article 163 of the Constitution deals with the Council of Ministers, which aids and advises the Governor of a State.
- Article 55 pertains to the election of the President of India.
- Article 145 specifies the rules and procedures to be followed by the Supreme Court of India.
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