RAS question
Under which Article can the Governor of Rajasthan grant pardons, reprieves and respites?
Correct answer: (B) Article 161.
The Governor of Rajasthan exercises the pardoning power under Article 161 of the Constitution of India for offences against laws within the State's executive power.
Explanation
Article 161 is the constitutional source of the Governor's power to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute a sentence. The power applies when the conviction is for an offence against a law on a matter to which the executive power of the State extends. That is why the correct answer is Article 161, not Article 72. Article 72 gives a separate pardoning power to the President, including cases involving court martial, Union executive power and death sentences. The given distinction is important: unlike the President's Article 72 power, the Governor's Article 161 power does not include pardoning a death sentence.
Why the other options are wrong
- (A) Article 72 belongs to the President's pardoning power, not to the Governor of a State.
- (C) Article 163 concerns the Council of Ministers aiding and advising the Governor, so it does not create the pardoning power asked in the question.
- (D) Article 167 deals with the Chief Minister's duties to communicate decisions and furnish information to the Governor, not with pardons or sentence remission.
Concept
This tests the constitutional position of the Governor under State executive power, especially the distinction between Articles 161 and 72. It recurs in RAS because questions often compare the Governor's powers with the President's powers in federal administration.