Consider the following statements: 1. Both President and Governor can grant pardons under Article 72. 2. The Governor cannot pardon in cases of death sentence. Which of the above statements is/are correct?
- (a)Only 1
- (b)Only 2
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Answer
Why
Correct — B. Statement 1 is false. The President's pardoning power is in Article 72. The Governor's is in Article 161, a separate provision.
Statement 2 is true. Article 72(1)(c) gives the President the power 'in all cases where the sentence is a sentence of death'. Article 72(3) saves only the Governor's power to suspend, remit or commute a death sentence, not to pardon it.
Only 2 → option (b).
Why the others are wrong
- (a)Only 1 — Statement 1 is false. Article 72 is the President's power alone. The Governor pardons under Article 161, a different article.
- (c)Both 1 and 2 — Statement 1 fails, so both cannot stand. The two powers sit in two articles: 72 for the President and 161 for the Governor.
- (d)Neither 1 nor 2 — Statement 2 is true. Only the President can pardon a death sentence, under Article 72(1)(c). The Governor can suspend, remit or commute it.
Concept
Article 72 lets the President grant pardons, reprieves, respites or remissions, or suspend, remit or commute a sentence, in three kinds of case: sentences by a Court Martial, offences against Union laws, and every sentence of death.
Article 161 gives the Governor the same set of powers for offences against laws on matters within the State's executive power. It has no Court Martial clause.
The words matter. A pardon removes both the sentence and the conviction. A commutation swaps a punishment for a lighter one, such as death for imprisonment. For a death sentence, the Governor has the second power but not the first.
A 2021 case does not change this. State of Haryana v Raj Kumar (Supreme Court, 3 August 2021) concerned a life convict.
It held that release before 14 years is possible only under Article 161, and did not rule on pardoning a death sentence.
Key facts
- Article 72: the President's power to pardon, including in all cases where the sentence is death.
- Article 161: the Governor's power to pardon, for offences against laws within the State's executive power.
- Article 72(3) preserves the Governor's power to suspend, remit or commute a death sentence.
- The Governor has no pardoning power over sentences passed by a Court Martial.
Study next
Common traps
- Assuming one Article covers both offices: the President's power is Article 72, the Governor's is Article 161.
- Reading 'cannot pardon a death sentence' as 'can do nothing about it': the Governor can still suspend, remit or commute one.
A President-versus-Governor comparison in the same two-statement form is asked at 13 Sep 2025, 12:30, GA Q.25, on the power to dissolve the lower House.
Related PYQs
No directly related past PYQ was found.