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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 by court-martial
  • c)
    Power to pardon, reprive, respite, remit, suspend or commute the punishment or sentence.
  • d)
    None of these
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...
Understanding the Powers of President and Governor
The powers exercised by the President of India and the Governor of a state include various forms of clemency, but they differ in scope and application.
Power to Pardon and Commute Sentences
- The correct answer is option 'C': Power to pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence.
- This power is granted under Article 72 of the Constitution for the President and Article 161 for the Governor.
Scope of the Powers
- Pardoning Power: Both the President and the Governor can pardon sentences, meaning they can completely forgive the offense and release the individual from all legal consequences.
- Reprieve and Respite: They can also grant temporary relief or delay in the execution of a sentence.
- Remit and Commute: They hold the authority to reduce the severity of a punishment or replace it with a less severe one.
Differences in Application
- The President’s pardoning power applies to offenses against laws related to the Union, while the Governor’s power pertains to state laws.
- Additionally, the President can exercise this power in cases involving court-martial sentences, which is not applicable to Governors.
Conclusion
- Therefore, option 'C' reflects the clemency powers that both the President and the Governor can exercise, highlighting their role in the justice system while maintaining checks and balances within their respective domains.
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Community Answer
Which one of the following powers can be exercised by both the Preside...
  • Both the President of India (under Article 72 of the Constitution) and the Governors of the states (under Article 161) have the power to grant pardon, reprieve, respite, remission, suspension or commutation of punishment or sentence.
  • However, the President has these powers in cases involving court-martial and death sentences (among others), while the Governor cannot pardon a court-martial sentence or death sentence (but can suspend, remit, or commute a death sentence).
Thus, power to pardon, reprieve, respite, remit, suspend, or commute a punishment or sentence (in general) can be exercised by both, even though the scope is a bit broader for the President than for the Governor.
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