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With reference to the Article 161 of the Constitution, consider the following statements:
1. Under Article 72 of the Constitution, the Governor of a state possesses the pardoning power.
2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Article 161 of the Constitution, consider the fo...
Article 161 of the Constitution:
- Under Article 161 of the Constitution, the Governor of a state possesses the pardoning power.
- A Governor can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against a state law.
- The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.
- Also, the orders passed by the Governor, under Article 161, can be subjected to judicial review.
Hence only statement 2 is correct.
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Community Answer
With reference to the Article 161 of the Constitution, consider the fo...
Statement 1: Under Article 72 of the Constitution, the Governor of a state possesses the pardoning power.
The statement is incorrect.
Explanation:
Article 72 of the Constitution provides the pardoning power to the President of India and not to the Governor of a state. The President has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any Union law. The Governor, on the other hand, does not possess this power and can only exercise limited powers of pardon in certain cases.
Statement 2: The advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.
The statement is correct.
Explanation:
Article 161 of the Constitution provides the Governor of a state with the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any state law. The Governor exercises this power on the advice of the Council of Ministers of the state. The advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161. This means that the Governor is required to act in accordance with the advice of the state cabinet and cannot exercise his/her powers independently in such matters.
Conclusion:
Based on the above explanation, it can be concluded that Statement 1 is incorrect as the pardoning power is vested in the President of India and not the Governor of a state. Statement 2 is correct as the advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161. Therefore, the correct answer is option 'B' - 2 only.
The statement is incorrect.
Explanation:
Article 72 of the Constitution provides the pardoning power to the President of India and not to the Governor of a state. The President has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any Union law. The Governor, on the other hand, does not possess this power and can only exercise limited powers of pardon in certain cases.
Statement 2: The advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.
The statement is correct.
Explanation:
Article 161 of the Constitution provides the Governor of a state with the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any state law. The Governor exercises this power on the advice of the Council of Ministers of the state. The advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161. This means that the Governor is required to act in accordance with the advice of the state cabinet and cannot exercise his/her powers independently in such matters.
Conclusion:
Based on the above explanation, it can be concluded that Statement 1 is incorrect as the pardoning power is vested in the President of India and not the Governor of a state. Statement 2 is correct as the advice of the state cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161. Therefore, the correct answer is option 'B' - 2 only.
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With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 With reference to the Article 161 of the Constitution, consider the following statements:1. Under Article 72 of the Constitution, theGovernor of a state possesses the pardoning power.2. The advice of the state cabinet is binding on the Governor in matters relating to commutation /remission of sentences under Article 161.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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