Model Answer
0 min readIntroduction
The Governor of a State is a crucial link between the Union and the State governments in India, embodying constitutional authority and acting as a vital stabilizing force. Appointed by the President, the Governor's role has evolved considerably since independence, particularly concerning their discretionary powers. Article 161 of the Constitution explicitly grants the Governor the power to grant pardons and suspend sentences, a power intended to ensure fairness and justice within the state's judicial system. However, the extent of this power and its susceptibility to judicial scrutiny has been a subject of ongoing debate and legal interpretation. This answer will examine the Governor’s position, detail their pardoning powers, and analyze the extent of judicial review applicable to them.
The Position of the Governor
The Governor is the constitutional head of a State. While nominally the head of the State, the real executive power vests with the Chief Minister and the Council of Ministers. The Governor's position is defined by various provisions of the Constitution, primarily Articles 155-165.
- Appointment and Tenure: Appointed by the President, the Governor holds office during the President's pleasure, typically for a term of five years.
- Functions: The Governor performs several functions, including:
- Summoning and adjourning the State Legislature: The Governor can convene or prorogue legislative assemblies.
- Giving assent to legislation: Bills passed by the State Legislature require the Governor's assent to become law.
- Appointing the Chief Minister: The Governor appoints the leader of the party/coalition commanding a majority in the legislature.
- Representing the State: The Governor represents the State in ceremonial functions.
- Acting as a Stabilizing Force: In situations of political instability or hung assemblies, the Governor plays a crucial role in ensuring a smooth transition.
- Discretionary Powers: The Governor possesses certain discretionary powers, allowing them to act independently of the state government in certain situations. However, these powers are now significantly curtailed by judicial interpretations.
Pardoning Powers of the Governor
Article 161 of the Constitution grants the Governor the power to grant pardons and suspend, remit or commute sentences for offences involving punishment by courts martial or civilian courts within the State. This power is similar to that vested in the President at the Union level (Article 72).
Types of Pardons
| Type of Pardon | Description |
|---|---|
| Full Pardon (General Pardon): | Extinguishes the conviction and completely releases the offender from all punishment and disqualifications. |
| Commutation: | Reduces the severity of the sentence imposed. For example, converting a death sentence to life imprisonment. |
| Remission: | Reduces the remaining portion of the sentence without affecting the character of the punishment. |
| Suspension: | Temporarily postpones the execution of a sentence. |
Conditions for Exercise of Pardoning Power
- The Governor acts on the advice of the State Cabinet. While the Governor can exercise discretion, this is now heavily constrained by judicial interpretations.
- The power extends only to offences punishable by courts within the State.
- The power cannot be exercised in cases involving court-martial proceedings, which are dealt with under the Army Act, Navy Act, and Air Force Act.
Judicial Review of Pardoning Power
The question of whether the Governor's pardoning power is subject to judicial review has been a contentious issue, with evolving jurisprudence.
Early Interpretations (Sholapur Case 1955)
The 1955 Sholapur Milk Producers’ Case initially held that the Governor's power to grant pardons was not subject to judicial review. The court considered it an integral part of the executive power of the State.
Later Interpretations (Suresh Kumar vs. State of Maharashtra, 1997)
The 1997 Suresh Kumar vs. State of Maharashtra case significantly altered this position. The Supreme Court held that while the Governor's power is a constitutional power, it is not immune from judicial review. The court emphasized that the power must be exercised in accordance with constitutional principles and cannot be used arbitrarily or for improper purposes. The court clarified that the Governor’s power is a constitutional power, and it has to be exercised in the same manner as any other constitutional power.
Current Position
The current position, as established by subsequent judgments, is that the Governor's pardoning power is amenable to judicial review on the grounds of malafide intentions, perversity, or violation of constitutional principles. However, the judiciary is hesitant to interfere in the exercise of this power unless there is clear evidence of abuse.
The 2017 Mohd. Asraf v. State of Kerala case further clarified that the Governor cannot act independently of the advice of the Council of Ministers.
Recent Developments and Concerns
Recent instances of Governors acting independently, particularly in states with coalition governments, have raised concerns about the potential for misuse of this power. The role of the Governor, especially in situations of political instability, requires careful scrutiny and adherence to constitutional norms.
Conclusion
In conclusion, the Governor holds a vital position in the Indian federal structure, with significant responsibilities and powers. While the pardoning power, as enshrined in Article 161, aims to ensure justice and fairness, its exercise is now subject to judicial review, preventing arbitrary actions. The evolving jurisprudence surrounding this power underscores the importance of upholding constitutional principles and ensuring that the Governor acts as a neutral and impartial custodian of the state's interests, adhering to the advice of the Council of Ministers while maintaining the integrity of the judicial system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.