google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : Pardoning Power:

Friday, 20 February 2015

Pardoning Power:



Presidents as well as the Governors possess power to grant pardon {ref: Arts. 72,161}
Pardon rescinds (abrogates or revokes) both the sentence and the conviction and absolve the offender from all punishment and disqualifications.

Commutation merely substitutes one form of punishment for another of a lighter character.
Remission reduces the amount of sentence without changing its character.
Respite means awarding a lesser sentence instead of the penalty prescribed in view of pregnancy of a woman offender etc.

Reprieve means a stay of execution of a sentence, e.g. pending a proceeding for pardon or commutation.
Comparison between pardoning Powers of the President and a Governor

President has the power to grant pardon, reprieve, respite, suspension, remission or commutation, in respect of punishment or sentence by court-martial. Governor has no such power.
President’s powers extend up to the executive power of the union Governor’s powers extent up to the executive power of the state.

 Governor has no power to pardon in case of sentence of death, but he can suspend, remit or commute a sentence of death. Only President can Pardon a death sentence. Emergency power:
The president has extraordinary powers to deal with a situation of emergency.
Miscellaneous powers:

The President has the Constitutional authority to make rules and regulations relating to various matters.
He/ she have the power to give instruction to a Governor to promulgate an Ordinance if a Bill containing the same provisions requires previous sanction of the President.

President has the power to refer any question of Public importance for the opinion of the Supreme Court.
President has the power to appoint certain commissions for the purpose of reporting on specific matters, such as, commissions to report on the administration of Scheduled Areas and welfare of Scheduled Tribes and backward classes; the Finance Commission; Commission on Official Languages; an Inter-state Council.
President has some special powers relating to Union territories or territories which are directly administered by the Union.

The President shall have certain special powers in respect of the administration of Scheduled Area tribes, and Tribal Area in Assam.
The President has certain special powers and responsibilities regarding the administration of the Scheduled Caste.

No comments:

Post a Comment