google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : Pardoning Power: Miscellaneous powers:
Showing posts with label Pardoning Power: Miscellaneous powers:. Show all posts
Showing posts with label Pardoning Power: Miscellaneous powers:. Show all posts

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: