Some important information about Power Of Pardon :-
Why in news?
- Constitutional bench of Supreme Court held that power of the executive to grant pardon to convicts cannot be exercised by the Supreme Court unless there is a violation of fundamental rights.
- SC also observed that Article 32 (the right to Constitutional remedies whereby individuals may seek redressal for the violation of their fundamental rights) can be only invoked when there is violation of any fundamental right or where the Court takes up certain grievance which falls in the realm of public interest litigation.
Pardoning power of President and Governor:
- The President’s powers to pardon in Article 72 are different from those granted to the Governor in Article 161. The President enjoys extensive powers under Article 72 as compared to what is available to the State Governor.
- In case where the convict is sentenced to death penalty, only the President can exercise the right to pardon him/her. The governor does not have the right to pardon death sentences, he/she can only suspend, commute or provide remission in case of death sentences.
- The President has the right to pardon punishments of sentences given under Court Martial, whereas the governor does not have this power.
- Both the President and Governor have concurrent powers in cases of suspension, commutation and remission of a death sentence.
For more information:- Current Affairs.