RAS question
What is the difference between the pardoning powers of the President (Article 72) and the Governor (Article 161)?
Correct answer: (C) The President can pardon death sentences but the Governor cannot.
Under Article 72, the President can pardon death sentences, but under Article 161 the Governor cannot pardon death sentences.
Explanation
Article 72 gives the President clemency power in three specified situations: sentences by a Court Martial, offences against laws on matters within the Union executive power, and all cases where the sentence is death. Article 161 gives the Governor power to grant pardons, reprieves, respites, remissions, suspensions, remissions or commutations only for offences against laws on matters within the State executive power. That is why the two powers are not identical. The President's power is wider because the text expressly covers Court Martial punishments and death sentences, while the Governor's Article 161 power is tied to State-law offences and does not contain those additional heads.
Why the other options are wrong
- (A) Article 72 expressly covers punishment or sentence by a Court Martial for the President, while Article 161 contains no Court Martial head for the Governor.
- (B) The powers are not identical because Article 72 adds Court Martial sentences, Union-law offences and death sentences, while Article 161 is framed around offences within the State executive power.
- (D) The Governor's power is not wider; Article 161 is limited to State-executive-power matters, whereas Article 72 also covers Court Martial sentences and death sentences.
Concept
This tests the constitutional distribution of executive clemency powers under Articles 72 and 161. It recurs in RAS because it is a clean President-versus-Governor comparison with direct textual differences.