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The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?
1. President can only grant pardon on Union Council of Ministers' advice, whereas this is purely a discretionary matter for the governor.
2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.
3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.
Q. Select the correct answer using the codes below,
- a)1 only
- b)2 only
- c)1 and 3 only
- d)2 and 3 only
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
The constitution grants both the President and the Governor the right ...
- The pardoning power of the President is not absolute. It is governed by the advice of the Council of Ministers. Same applies for the Governor as well.
- There are only three major differences:
- The President has the right to pardon punishments of sentences given under Court Martial, whereas the governor does not have this power.
- President can grant pardon to a person awarded death sentence. But the Governor of State does not enjoy this power.
- Governor's pardoning power only extends to those areas where the concerned state's executive power extends. He cannot pardon in case of offences committed under Central laws.
-
Community Answer
The constitution grants both the President and the Governor the right ...
Key Differences between the President and Governor's Powers of Pardon
1. Advisory Requirement:
- The President can grant a pardon only on the advice of the Union Council of Ministers. It is not purely discretionary for the President.
- On the other hand, the Governor has the sole discretion to grant pardon without any advisory requirement. The Governor can exercise this power independently.
2. Death Sentence:
- The President has the power to grant pardon to a person who has been awarded the death sentence.
- However, the Governor does not have the power to grant pardon in cases where the death sentence has been awarded. This power is only vested in the President.
3. Jurisdiction:
- The President can exercise the power of pardon in cases that have been adjudicated by the Supreme Court.
- Conversely, the Governor can exercise this power only in cases that fall under the jurisdiction of the respective High Courts.
Explanation:
1. The advisory requirement for the President means that the decision to grant a pardon is not solely based on the President's personal discretion. It requires the advice and recommendation of the Union Council of Ministers. On the other hand, the Governor can independently exercise this power without any requirement for advisory input.
2. The President has the exclusive power to grant a pardon in cases where the death sentence has been awarded. This power is not available to the Governor. Hence, the Governor cannot grant pardon in death penalty cases.
3. The President can exercise the power of pardon only in cases that have been adjudicated by the Supreme Court. This means that the President's power is limited to cases that have been appealed to the highest court in the country. On the other hand, the Governor can exercise this power in cases that have been adjudicated by the High Courts, which are the highest courts at the state level.
Conclusion:
The key differences between the President and Governor's powers of pardon include the advisory requirement, the ability to grant pardon in death penalty cases, and the jurisdictional limitation. While the President requires the advice of the Union Council of Ministers, can grant pardon in death penalty cases, and exercises this power in cases adjudicated by the Supreme Court, the Governor can independently grant pardon, cannot grant pardon in death penalty cases, and exercises this power in cases under the jurisdiction of the High Courts. Therefore, option 'B' is the correct answer.
1. Advisory Requirement:
- The President can grant a pardon only on the advice of the Union Council of Ministers. It is not purely discretionary for the President.
- On the other hand, the Governor has the sole discretion to grant pardon without any advisory requirement. The Governor can exercise this power independently.
2. Death Sentence:
- The President has the power to grant pardon to a person who has been awarded the death sentence.
- However, the Governor does not have the power to grant pardon in cases where the death sentence has been awarded. This power is only vested in the President.
3. Jurisdiction:
- The President can exercise the power of pardon in cases that have been adjudicated by the Supreme Court.
- Conversely, the Governor can exercise this power only in cases that fall under the jurisdiction of the respective High Courts.
Explanation:
1. The advisory requirement for the President means that the decision to grant a pardon is not solely based on the President's personal discretion. It requires the advice and recommendation of the Union Council of Ministers. On the other hand, the Governor can independently exercise this power without any requirement for advisory input.
2. The President has the exclusive power to grant a pardon in cases where the death sentence has been awarded. This power is not available to the Governor. Hence, the Governor cannot grant pardon in death penalty cases.
3. The President can exercise the power of pardon only in cases that have been adjudicated by the Supreme Court. This means that the President's power is limited to cases that have been appealed to the highest court in the country. On the other hand, the Governor can exercise this power in cases that have been adjudicated by the High Courts, which are the highest courts at the state level.
Conclusion:
The key differences between the President and Governor's powers of pardon include the advisory requirement, the ability to grant pardon in death penalty cases, and the jurisdictional limitation. While the President requires the advice of the Union Council of Ministers, can grant pardon in death penalty cases, and exercises this power in cases adjudicated by the Supreme Court, the Governor can independently grant pardon, cannot grant pardon in death penalty cases, and exercises this power in cases under the jurisdiction of the High Courts. Therefore, option 'B' is the correct answer.
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The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?
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The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
Solutions for The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?1. President can only grant pardon on Union Council of Ministers advice, whereas this is purely a discretionary matter for the governor.2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.Q. Select the correct answer using the codes below,a)1 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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