Home The Constitution Part VI Article 161

Art. 161 Part VI: The States

Power of Governor to Grant Pardons, etc., and to Suspend, Remit or Commute Sentences in Certain Cases

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This Article gives the Governor a clemency power parallel to the President's Article 72 power, but importantly LIMITED to offences against laws within the state's own executive power — and notably, unlike the President, the Governor does NOT have specific power over death sentences as a category unto itself (the President's Article 72 power specifically covers all death sentences nationwide, regardless of which government prosecuted the case).

Why This Matters To You

How it shows up in everyday life

This is why, for a state-law offence, a convict might seek clemency from the Governor, while for offences prosecuted under Union law (or specifically for death sentences, regardless of the prosecuting authority), the President's Article 72 power is the relevant one — an important practical distinction for anyone navigating the clemency process.

Landmark Cases

How courts have interpreted this Article

Epuru Sudhakar v. Government of Andhra Pradesh(2006) 8 SCC 161 — Confirmed that Governors' clemency decisions under this Article, like the President's under Article 72, are subject to limited judicial review for arbitrariness, bad faith, or complete non-application of mind. Verify this case

Read alongside this one

Art. 72 — Power of President to Grant Pardons, etc.

Frequently Asked

Quick answers about Article 161

Can a Governor commute a death sentence?

This is a genuinely debated and complex area — while the Governor has general clemency power over state-law offences, the President's specific, exclusive power over ALL death sentences under Article 72(1)(c) means the Governor's role in death-penalty clemency specifically remains more constitutionally limited and contested compared to their general clemency power.

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The text above reproduces Article 161 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.