President vs. Governor: The Power Scale

The Hook: A prisoner on Death Row sends a mercy petition to the Governor. Can the Governor sign a paper and set him free?
The answer is NO. While the Governor has pardoning powers, they are not absolute like the President's.

For SSC CGL and UPSC, the difference lies in Article 72 (President) and Article 161 (Governor).

1. The Pardoning Power Showdown

Let's weigh their powers on the scale.

PRESIDENT (Art 72)

Death Sentence ✅ CAN Pardon

Can completely absolve the convict.

Court Martial ✅ CAN Pardon

Jurisdiction over Military Courts.

Central Laws ✅ CAN Pardon

GOVERNOR (Art 161)

Death Sentence ❌ CANNOT Pardon

Can only suspend, remit, or commute. Cannot fully pardon.

Court Martial ❌ NO Power

Military matters are outside State jurisdiction.

State Laws ✅ CAN Pardon

2. Veto Powers Comparison

Both heads can withhold assent to a Bill passed by the legislature. But there is a twist.

Scenario	President	Governor
Ordinary Bill	Can return for reconsideration (Once).	Can return for reconsideration (Once).
Money Bill	Give assent OR Withhold. (Cannot Return).	Give assent OR Withhold. (Cannot Return).
State Bill	N/A	Can Reserve for President: If the bill endangers the High Court's position.

3. The "Pocket Veto"

The President of India has "Pocket Veto" (keeping a bill pending indefinitely).
*Note:* The US President has to return a bill in 10 days. The Indian President has no time limit. Hence, it is said: "The pocket of the Indian President is bigger than the American President."

---

Revision Flashcards

Article 72

Relates to whom?

President's Pardon

Power to grant pardons, reprieves, respites, or remissions of punishment.

Court Martial

Can Governor pardon it?

NO

Only the President has the power to pardon sentences given by a Military Court.

Article 161

Relates to whom?

Governor's Pardon

Power to pardon against State Laws (but NOT Death Sentence).

Respite

What does this term mean?

Lesser Sentence

Awarding a lesser sentence due to special facts (e.g., pregnancy of a woman offender).

Exam-Style MCQs

Q1. Which of the following powers is NOT enjoyed by the Governor?

A) Remitting a sentence

B) Pardoning a Death Sentence

Correct! A Governor can suspend or commute a death sentence, but cannot pardon it completely.

C) Commuting a sentence

Q2. The President can resign by writing a letter to:

A) The Chief Justice of India

B) The Vice-President

Correct! And the VP must communicate this to the Lok Sabha Speaker immediately.

C) The Prime Minister

Q3. Who holds the power to pardon a sentence by a Court Martial?

A) President Only

Correct! The Governor has zero jurisdiction over military courts.

B) President and Governor

C) Defence Minister

Part of the Indian Polity Revision Series.