Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. Compare and contrast the pardoning powers of president and Governor in India as enumerated in the constitution. (250 words)
Difficulty level: Easy
Reference: The Hindu
Why the question:
The Governor’s powers of pardon or remission under Article 161 of the Constitution have been in the spotlight with the Supreme Court judgment ordering the release of A.G. Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case.
Key Demand of the question:
To compare the pardoning powers of the president and the governor.
Compare and contrast – provide for a detailed comparison of the two types, their features that are similar as well as different. One must provide for detailed assessment of the two.
Begin by giving an account of article 72 and article 161 of the constitution.
Article 161 mentions the Pardoning Power of the Governor. When a convict has committed an offence against state law, the concerned punishment can be granted the pardon, reprieve, respite and remission by the Governor of the state.
Differentiate between Pardoning Powers of Governor and the President in detail (tabulate them for better presentation). Give relevant examples/case studies.
Conclude by summarising their importance.