Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
The Governor of a State shall have 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 offence against any law relating to a matter to which the executive power of the State extends.
Version 1
Article 141, Draft Constitution of India 1948
The Governor of a State shall have 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 offence against any law relating to a matter with respect to which the Legislature of the State has power to make laws.
Version 2
Article 161, Constitution of India 1950
The Governor of a State shall have 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 offence against any law relating to a matter to which the executive power of the State extends.
Summary
Draft Article 141 (Article 161) was debated on 1st June 1949 and 17th October 1949. It dealt with the Governor’s pardoning power.
The Draft Article was initially adopted without any debate on 1st June 1949.
Subsequently, in light of the debates around other Articles, a member of the Drafting Committee proposed the following amendment:
‘That in article 141, for the words ‘with respect to which the Legislature of the State has power to make laws’ the words ‘to which the executive power of the State extends’ be substituted.’
The Assembly accepted the amendment without debate. The amended Draft Article was adopted on 17th October 1949.