Context: Governor pardoning power Article 161
Madras High Court held that under Article 161, the Governor is bound by the aid and advice of the Council of Ministers (Article 163) in matters of remission/premature release.
1. Pardoning Power (Articles 72 & 161 + Nature)
President — Article 72
• Pardon, Reprieve, Respite, Remission, Commutation
• Applies to: Union laws, Court martial, Death sentence
• Works on aid and advice (Article 74)
Governor — Article 161
• Same forms of relief
• Applies to: State laws
• Works on aid and advice (Article 163)
• No independent discretion
2. Difference: President vs Governor
• Scope → President wider; Governor limited to State laws
• Death sentence → Only President can fully pardon
• Court martial → Only President
3. Terms
• Pardon → Ends punishment + conviction
• Remission → Reduces duration
• Reprieve → Temporary delay
• Respite → Lighter punishment (special case)
• Commutation → Change in type of punishment
