Governor’s Pardon Power Overrides 433A: SC

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Recently, The Supreme Court held that the Governor of a State can pardon prisoners even before they have served a minimum of 14 years of a prison sentence.

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• The Governor’s power to pardon overrides the restrictions imposed under Section 433-A of the Criminal Procedure Code.
  • Section 433A of the Code of Criminal Procedure mandates that a prisoner’s sentence can be remitted only after 14 years of jail.
  • The SC has noted that the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution overrides the provisions under Section 433A of the Code.

• Even if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has the power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person.
  • Such power is in the exercise of the power of the sovereign, though the Governor is bound to act on the aid and advice of the State Government.

Pardoning Power of the 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.
• The pardoning powers defined in the Constitution are- 
  • Pardon: it means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
  • Commutation: it means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
  • Reprieve: it means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
  • Respite: it means reducing the quantum or degree of the punishment to a criminal given some special circumstances, like pregnancy, mental condition etc.
  • Remission: it means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.

Difference Between the Pardoning Powers of the President and the Governor

• The powers of the governor are limited to offences against the law relating to a matter to which the executive power of the State extends.
• The Governor cannot Pardon a Death Sentence but the President can Pardon a Death Sentence. 
  • The Governor can only suspend, remit or commute a death sentence.
• The Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. But the President can do so.

Source: TH