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Consider the following statements with reference to Pardoning power of Governor: 1. He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against state law. 2. If a state law prescribes for a death sentence, he can pardon a death sentence. 3. He can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. Which of the statements given above is/are NOT correct?

Consider the following statements with reference to Pardoning power of Governor: 1. He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against state law. 2. If a state law prescribes for a death sentence, he can pardon a death sentence. 3. He can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. Which of the statements given above is/are NOT correct? Correct Answer 2 and 3 only

The correct answer is 2 and 3 only.

Important Points

Judicial Powers of Governor

  • The judicial powers and functions of the governor are:
    • He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
      • He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against state law. Hence, statement 1 is correct.
      • He cannot pardon a death sentence. Even if a state law prescribes for a death sentence, the power to grant pardon lies with the President and not the governor. Hence, statement 2 is NOT correct.
        • But, the governor can suspend, remit or commute a death sentence.
      • He can not grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court). It is the sole prerogative of President. Hence, statement 3 is NOT correct.
    • He is consulted by the president while appointing the judges of the concerned state high court.
    • He makes appointments, postings and promotions of the district judges in consultation with the state high court.
    • He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.

Mistake Points

Pardoning Powers of President

  • President can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against a Central law.
  • President can pardon, reprieve, respite, remit, suspend or commute a death sentence. He is the only authority to pardon a death sentence.
  • Only President can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court).

Related Questions

Consider the following pairs with respect to pardoning powers of President: Remission- It implies reducing the period of a sentence without changing its character. Commutation- It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Respite- It denotes the substitution of one form of punishment for a lighter form. Reprieve-  It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President. Which of the pairs given above is/are correct?
Assertion (A): The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute sentence.
Reason (R): The President exercises not only executive functions but also judicial and legislative functions.
Consider the following statements: i. The President of India can grant a pardon to a person who was convicted by the Martial Court. ii. The President can only pardon a person based on the advice of the union cabinet. iii. The Governor of State cannot grant pardon to a death sentence but he can commute the death sentence.   Which of the following above statements are true?
Which of the following is/are correct regarding the office of Governor in India? 1. One Governor can act as Governor of more than one State 2. The Governor has the power to grant pardons, reprieves, remission of punishment to persons convicted under the State Law 3. The Governor is appointed by the President on the recommendation of the Chief Minister of the respective State Select the correct answer using the code given below
Power of Governor to grant pardon etc., and to suspend, remit or commute sentence in certain cases is a statutory power. It is given in
Which of the following article states about “the Power of the governor to grant pardon, etc, and to suspend, remit or commute sentence in a certain case”?
Consider the following statements:
1. The President can commute death sentence to the life imprisonment.
2. The Governor cannot commute death sentence to life imprisonment.
3. The President's power to pardon extends to punishments or sentences by court marital.
Which one of the statements given above is/are correct
The power to grant pardon or suspend or remit the sentence of any convicted person is vested in the-
Consider the following statements about the residuary powers of the legislations:
1. The Parliament has exclusive power to make any law with respect to any matter not enumerated in List II or List III.
2. State Legislatures have exclusive power to make any law with respect to any matter enumerated in List-II.
3. The Parliament as well as State Legislatures have exclusive power to make any law with respect to any matter not enumerated in List II or List III.
Which of the statements given above is/are correct?
Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?