Q: Difference between the pardoning powers of President and Governor ?

Ans:  1. The President can pardon a sentence of the convict given by the court-martial or the military court. The governor does not have the power to pardon the sentence inflicted by the court-martial on the convict.

2. The President can also pardon the death sentence through commutation or in its entirety. The Governor can suspend, remit or commute the death sentence by using the pardoning powers. 

3. The pardoning powers of President are granted for the cases where the convict has committed an offence against a Union law. The  pardoning powers of Governor are granted for the cases where the convict has committed an offence against a state law. 

Note: 

On 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.

The recent judgement regarding the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A  —which mandates that a prisoner’s sentence can be remitted only after 14 years of jail.

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