How the power of Governor to Pardon is different from the power of the President under Article 72 of the Indian Constitution?

In the Indian Constitution, both the President and the Governor hold the power to grant mercy to people who have been punished by the courts. This power is known as the “Power to Pardon” or “Power of Clemency.” The purpose of this power is to correct possible mistakes of the judiciary, to show mercy in special situations, and to reduce excessive punishment if it seems unfair. However, even though both President and Governor have this power, their powers are not the same. They differ in their scope, area of application, and the types of cases in which they can intervene. To understand the difference clearly, we must first understand what the Power to Pardon means, what kinds of mercy powers exist, and then compare the powers of the President under Article 72 and the Governor under Article 161.

Meaning of the Power to Pardon

The power to pardon means the power to reduce or completely remove the punishment given to a person by the court. This power recognizes that the legal system, though fair, may still need human compassion and review in special circumstances. Sometimes, a person may be truly guilty but has shown good behavior, reform, or there may be humanitarian reasons like old age or health. In such cases, the executive can show mercy.

The Power to Pardon has five major forms:

1. Pardon: Complete removal of both the punishment and the conviction.

2. Commutation: Changing the nature of punishment to a less severe one.
Example: Death sentence changed to life imprisonment.

3. Remission: Reducing the amount or duration of the sentence without changing its nature.
Example: A 10-year sentence changed to 5 years.

4. Respite: Awarding a lesser sentence due to special circumstances such as pregnancy or disability.

5. Reprieve: Temporary delay of punishment so that the person may appeal for mercy or review.

Both the President and the Governor can use these forms of mercy powers, but the situations in which they can use them differ.

Power of the President under Article 72

Article 72 of the Indian Constitution gives the President the authority to grant pardon, reprieve, commutation, remission, or respite in certain types of cases. This power is very wide and has national implications.

The President’s power applies in the following cases:

1. Cases where the punishment is given by a court-martial
Court-martial deals with offenses committed by members of the armed forces. The Governor does not have power in such cases; only the President does.

2. Cases where the punishment is for an offense under Union Laws
If the person has been punished under a law made by Parliament, the President has the authority to grant mercy.

3. Cases involving the Death Sentence
The most important power of the President is the authority to pardon death sentences. Even if the sentence is given under state law, the President has the final say.

Thus, the President is the final constitutional authority in cases of capital punishment in India. His power is nationwide and cannot be limited by state government laws.

Power of the Governor under Article 161

Article 161 of the Constitution gives the Governor the power to grant pardon, reprieve, commutation, remission, or respite. However, this power applies only to cases involving laws that belong to the State list.

This means:

The Governor can grant mercy only in cases where the punishment is given under a law made by the State Legislature.
The Governor cannot pardon a death sentence. He can only reduce the severity of the punishment but cannot fully pardon it.
The Governor cannot give pardon in cases decided by a court-martial.

So, the Governor’s power is limited only to state-level crimes and punishments, and it does not extend to national or defense-related offenses.

Key Differences between the President’s and Governor’s Pardon Powers

Point of Difference	President (Article 72)	Governor (Article 161)
Scope of Power	Wider and applies to national-level cases.	Limited to state-level laws and crimes.
Death Sentence	Can grant full pardon to a death sentence.	Cannot grant full pardon; may only reduce punishment.
Court-Martial Cases	Can grant pardon in cases decided by military courts.	Has no power in military court cases.
Laws Covered	Covers laws made by Parliament.	Covers laws made by State Legislature.
Final Authority	Has the final constitutional authority; cannot be overruled easily.	Decision is subject to the President's power in certain cases.

Why is the President’s Power Wider than the Governor’s?

There are several reasons:

1. National Responsibility
The President is the head of the entire country and represents the Union government. Therefore, the President has broader powers in matters that affect the nation as a whole.

2. Matters of Life and Death
Death penalty cases are very sensitive and involve the highest level of judgment. So, the Constitution gives the final decision-making authority to the President.

3. Military and Security Issues
Cases of military courts and national security require uniform power, handled only by the President.

4. Uniform Mercy System
The Constitution ensures that mercy decisions in serious crimes remain consistent across India under the authority of the President.

Role of Executive Advice

Even though the President and the Governor hold these powers, they do not use them independently. Both act on the advice of their respective governments:

The President acts on the advice of the Union Council of Ministers.
The Governor acts on the advice of the State Council of Ministers.

This maintains the democratic nature of governance.

The Power to Pardon is an important feature of the Indian Constitution. It balances justice with mercy and recognizes that the legal system must include a space for compassion. While both the President and the Governor have the power to grant mercy, their powers are not equal. The President’s power is wider and includes the authority to pardon death sentences and military court punishments. The Governor’s power is applied only to state offenses and does not extend to death sentence pardons or court-martial cases.

Thus, the Constitution clearly differentiates the mercy powers of the President and the Governor to ensure fairness, national security, and proper division of executive authority between the Union and the States.