GS Paper 2
Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Context:
The Supreme Court has observed that the power of Governor under Article 161 of the Constitution to commute sentence or to pardon will override the restrictions imposed under Section 433-A of the Criminal Procedure Code.
What’s the case?
The Court was considering the feasibility of remission policies in Haryana. It was considering whether a state can frame policy to release a life-term convict prematurely before completing at least 14 years in jail or the government has to strictly go by Section 433 A of CrPC which specifies that remission cannot be granted till he/she has served at least 14 years in jail?
What is Haryana Policy?
Haryana policy stated that those convicts who stood convicted for a life sentence and are above the age of 75 years (in case of male convicts) and have completed 8 years of the actual sentence are entitled to be conferred the benefit of remission.
Observations made by the Court:
- Even if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has a power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person.
- However, the power conferred on the Governor should be exercised on the aid and advice of the State. The advice of the appropriate Government binds the Head of the State.
- The action of commutation and release can thus be pursuant to a governmental decision and the order may be issued even without the Governor’s approval. However, under the Rules of Business and as a matter of constitutional courtesy, it may seek approval of the Governor, if such release is under Article 161 of the Constitution.
Pardoning Powers of Governor:
Article 161 deals with the Pardoning Power of the Governor.
- The Governor can grant pardons, reprieves, respites and remissions of punishments 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.
Difference Between Pardoning Powers of President and Governor:
The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161 which differs in the following two ways:
- Court Martial: The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor.
- Death sentence: The President can grant pardon in all cases where the sentence given is the sentence of death but the pardoning power of the Governor does not extend to death sentence cases.
CrPC Section 433A:
It deals with a restriction on powers of remission or Commutation in certain cases.
- It says “Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment”.
Insta Curious:
The Governor of a state can, however, act at his discretion in some events. Which are those? Reference:
InstaLinks:
Prelims Link:
- A detailed overview of Pardoning powers of Governor vs President.
- Constitutional provisions related.
- Appeals against those decisions.
- Can the Courts intervene in such matters?
- Role of Cabinet in such matters.
Mains Link:
Present a detailed comparison of pardoning powers of president and Governor in India.
Sources: the Hindu.
