Discuss the status of death penalty in the country. Can a governor pardon a death penalty? What are various limitations of pardoning power of governor?
Main Body
Indian penal laws provide for death penalty for various grave offences.
The death penalty, while can be awarded by district court, but appeal by right lies to Supreme Court.
In India, the power to pardon a death penalty only rest with President.
A governor cannot pardon a death penalty. However, he can commute it to a lesser severe punishment.
The various judicial powers with the Governors include commute, reprieve (reducing to a less severe punishment, reprieve (temporary relief), suspend (temporary delay).
He can also pardon penalties under the state laws.
However, there are limitations on his pardoning power-
1. Pardoning offence under central law.
2. Pardoning death penalty.
3. Pardoning from any judgement by tribunal.
These cannot be undertaken by governor. He can only change their character.
Conclusion
These cannot be undertaken by governor. He can only change their character.
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Page 13
GAURAV OJHA
Constitutional Posts and Bodies - Appointment, Powers, Functions and Responsibilities
Governor's Powers and Functions
Governor's Clemency Powers
139
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8
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Explanatory, analytical
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