Q.4. How the power of Governor to Pardon is different from the power of the President under Article 72 of the Indian Constitution?

The power of the Governor to pardon under Article 161 of the Indian Constitution is different from the power of the President under Article 72 in a few significant ways:

• Scope of Power: The President’s pardoning power under Article 72 is broader and extends to all cases where the punishment or sentence is by a Court Martial, in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the Union’s executive power extends, and in all cases where the sentence is a death sentence. 
  • The Governor’s pardoning power under Article 161, however, is limited to offences against laws relating to matters to which the executive power of the State extends.
• Death Sentence: The President has the authority to pardon death sentences, whereas the Governor does not have this power. The Governor’s pardoning power does not extend to death sentence cases.

• Court Martial: The President can grant pardons in cases where the punishment or sentence is by a Court Martial. In contrast, the Governor lacks jurisdiction to intervene with the punishment awarded by a Court Martial.

These differences reflect the distinct roles and responsibilities of the President and the Governor within the federal structure of India’s government, with the President having a wider scope of pardoning powers compared to the Governor.