Governor's Pardon Power Flashcards
Which section of CrPC is overridden by the governor’s power to pardon?
Section 433A of CrPC
Which article grants the governor the power to pardon?
Article 161
Which article gives the President the power to pardon?
Article 72
Can the governor pardon prisoners even before serving a minimum of 14 years of prison according to CrPC sec 433A?
Yes
Does CrPC section 433A affect the constitutional power conferred on the president or governor?
No
Is the power to grant a pardon independent of the government?
No
What is CrPC article 432?
Empowers the government to remit sentence
Can the action of commutation be released by the government without the Governor’s approval?
Yes
What is reconsideration of the pardon?
Article 74(1) empowers the President to return the pardon to the Cabinet for reconsideration but if ministers decide against it then the President has to accept it.
What are the two differences between the pardoning powers of the President and Governor?
The President’s power to grant pardon extends in cases involving court-martial and death sentences while the Governer’s power doesn’t.