According to Article 161 of the Indian Constitution, who among the following has the power to pardon or modify the sentence?

Correct option is C

The correct answer is (c) Governor of various states

Explanation:

• Article 161 of the Indian Constitution grants the Governor of a State the power to grant pardons, reprieves, respites, or remissions of punishment.

• The Governor can also 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.

• This power is exercised by the Governor on the advice of the State Government (Council of Ministers).

• While the Governor has significant pardoning powers, they cannot pardon a death sentence; they can only suspend, remit, or commute it.

• Additionally, the Governor does not possess pardoning powers in respect of punishment or sentence by a Court Martial (Military Court).

Information Booster:

• The corresponding power for the President of India is found under Article 72, which is broader as it includes the power to pardon death sentences and sentences by Court Martials.

• The judicial review of the pardoning power is permissible; the Supreme Court has ruled that this power cannot be exercised arbitrarily or on the grounds of caste, religion, or political loyalty.

Additional Knowledge:

President of India (Option a)

• The President's pardoning power is defined under Article 72 of the Constitution.

• Unlike the Governor, the President is the only authority who can grant a full pardon for a death sentence.

Prime Minister of India (Option b)

• The Prime Minister does not have any constitutional power to pardon or modify sentences.

• The PM heads the Council of Ministers, which may advise the President, but the legal authority rests with the Head of State.

Chief Justice of India (Option d)

• The CJI and the Judiciary have the power of Judicial Review and the authority to pass sentences.

• However, the power to "pardon" is an executive grace and does not fall under the direct functional duties of the Chief Justice.