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Which one of the following powers can be exercised by both the President and the Governor?
- a)Power to pardon a sentence by court-martial
- b)Power to remit a sentence in an offence relating to a matter on the State List
- c)Power to commute a sentence of death in certain circumstances
- d)Power to remit a sentence by court-martial
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Which one of the following powers can be exercised by both the Preside...
The Correct Answer is C: Power to commute a sentence of death in certain circumstances.
According to Article 161 of the Indian Constitution, the President of India has the power to pardon a death sentence. The Governor of a state can suspend, remit, or commute a death sentence. However, the Governor cannot grant pardon, reprieve, respite, suspension, remission, or commutation in respect to punishment or sentence by a court-martial.
According to Article 161 of the Indian Constitution, the President of India has the power to pardon a death sentence. The Governor of a state can suspend, remit, or commute a death sentence. However, the Governor cannot grant pardon, reprieve, respite, suspension, remission, or commutation in respect to punishment or sentence by a court-martial.
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Which one of the following powers can be exercised by both the Preside...
Power to commute a sentence of death in certain circumstances can be exercised by both the President and the Governor.
Explanation:
The President and the Governor both have certain powers that are similar, but they differ in some aspects. One such power that both of them can exercise is the power to commute a sentence of death in certain circumstances. Here are some details regarding this power:
- Commutation of sentence means reducing the severity of the punishment given to a person. In the case of a death sentence, it means reducing it to a lesser punishment such as life imprisonment.
- Both the President and the Governor can commute a sentence of death to a lesser punishment if they feel that it is necessary and expedient to do so.
- The power to commute a death sentence is given to the President under Article 72 of the Constitution of India, while it is given to the Governor under Article 161.
- However, there are certain limitations to this power. For example, the power cannot be exercised in cases where the punishment has been awarded by a court-martial or where the sentence has been given under a law that deals with matters on the Union List.
- The power can be exercised in cases where the sentence has been given under a law that deals with matters on the State List, subject to the provisions of the law made by the State Legislature.
In conclusion, the power to commute a sentence of death in certain circumstances can be exercised by both the President and the Governor, subject to certain limitations and provisions.
Explanation:
The President and the Governor both have certain powers that are similar, but they differ in some aspects. One such power that both of them can exercise is the power to commute a sentence of death in certain circumstances. Here are some details regarding this power:
- Commutation of sentence means reducing the severity of the punishment given to a person. In the case of a death sentence, it means reducing it to a lesser punishment such as life imprisonment.
- Both the President and the Governor can commute a sentence of death to a lesser punishment if they feel that it is necessary and expedient to do so.
- The power to commute a death sentence is given to the President under Article 72 of the Constitution of India, while it is given to the Governor under Article 161.
- However, there are certain limitations to this power. For example, the power cannot be exercised in cases where the punishment has been awarded by a court-martial or where the sentence has been given under a law that deals with matters on the Union List.
- The power can be exercised in cases where the sentence has been given under a law that deals with matters on the State List, subject to the provisions of the law made by the State Legislature.
In conclusion, the power to commute a sentence of death in certain circumstances can be exercised by both the President and the Governor, subject to certain limitations and provisions.
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Which one of the following powers can be exercised by both the President and the Governor?a)Power to pardon a sentence by court-martialb)Power to remit a sentence in an offence relating to a matter on the State Listc)Power to commute a sentence of death in certain circumstancesd)Power to remit a sentence by court-martialCorrect answer is option 'C'. Can you explain this answer?
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Which one of the following powers can be exercised by both the President and the Governor?a)Power to pardon a sentence by court-martialb)Power to remit a sentence in an offence relating to a matter on the State Listc)Power to commute a sentence of death in certain circumstancesd)Power to remit a sentence by court-martialCorrect answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which one of the following powers can be exercised by both the President and the Governor?a)Power to pardon a sentence by court-martialb)Power to remit a sentence in an offence relating to a matter on the State Listc)Power to commute a sentence of death in certain circumstancesd)Power to remit a sentence by court-martialCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following powers can be exercised by both the President and the Governor?a)Power to pardon a sentence by court-martialb)Power to remit a sentence in an offence relating to a matter on the State Listc)Power to commute a sentence of death in certain circumstancesd)Power to remit a sentence by court-martialCorrect answer is option 'C'. Can you explain this answer?.
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