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.
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