Under which Article can the Governor of Rajasthan grant pardons?

Explanation

Article 161 is the constitutional source of a Governor's pardoning power. It empowers the Governor of a State to grant pardons, reprieves, respites or remissions of punishment and to suspend, remit or commute the sentence of a person convicted of an offence relating to a matter within the State's executive power. In Rajasthan, the Governor's clemency power therefore applies to such State-executive matters. This power must be distinguished from the President's pardoning power under Article 72 and from provisions concerning advice to the Governor or assent to Bills.

Why the other options are wrong

• (A) Article 72 concerns the President's pardoning power, not the Governor's State-level clemency power.
• (B) Article 163 concerns the Council of Ministers advising the Governor; it does not provide the power to grant pardons or sentence relief.
• (D) Article 200 concerns the Governor's assent to Bills, not the power to pardon, remit, suspend or commute punishments.

Concept

This tests recognition of the Governor's constitutional powers in the State-executive part of Indian Polity. It recurs in RAS because questions often compare provisions concerning the Governor with similar provisions concerning the President and with the Governor's other functions.

Source

• Legislative Department, Ministry of Law and Justice, Government of India - The Constitution of India

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