Article 161 of the Costitution of India with Case law
Article 161 of the Constitution of India deals with the Power of the Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Text of Article 161:
"The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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."
Key Points:
Exclusive Power of Governor:
This power is similar to the President’s power under Article 72 but is limited to matters within the executive jurisdiction of the State.
Types of Powers:
Pardon: Completely absolving the person of the crime.
Reprieve: Temporary suspension of the sentence.
Respite: Awarding a lesser sentence than originally given.
Remission: Reducing the duration of the sentence.
Suspension: Postponement of the execution of the sentence.
Commutation: Substitution of a form of punishment for a lighter one.
Scope:
Applies only to state laws and offences falling under the State List (e.g., public order, police, prisons, etc.).
Important Case Laws on Article 161:
1. K.M. Nanavati v. State of Bombay (1961 AIR 112):
Though related more directly to Article 72, the Supreme Court discussed the nature of pardoning power under both Article 72 (President) and Article 161 (Governor), stating these powers are independent of the judiciary.
2. Epuru Sudhakar v. Government of A.P. [(2006) 8 SCC 161]:
Governor’s pardon power under Article 161 is subject to judicial review.
If the exercise of such power is arbitrary, mala fide, or based on irrelevant considerations, the courts can intervene.
3. State of Haryana v. Jagdish [(2010) 4 SCC 216]:
The Court held that executive clemency is not a matter of privilege, and its exercise must be based on facts and circumstances and not arbitrary whims.
4. Maru Ram v. Union of India (1981 AIR 214):
The Supreme Court clarified that the Governor’s power under Article 161 is to be exercised on the aid and advice of the Council of Ministers.
5. Shatrugan Chauhan v. Union of India [(2014) 3 SCC 1]:
Though focusing on death row convicts, the Court emphasized that delays in deciding mercy petitions under Article 161 can be a ground to commute the death sentence to life imprisonment.
Conclusion:
Article 161 empowers the Governor to show mercy or reduce punishments for offenses under the State's domain. However, this power is not absolute — it must be exercised on ministerial advice, and is subject to judicial review in case of misuse or arbitrariness.
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