Article 161 of the Constitution of India
E1021950
Article 161 of the Constitution of India grants state Governors the power to grant pardons, reprieves, respites, or remissions of punishment for offences against state laws.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Article 161 of the Constitution of the India | 0 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
article of the Constitution of India
ⓘ
constitutional provision ⓘ |
| aimsTo | provide mercy and corrective justice in appropriate cases ⓘ |
| appliesTo |
Governor of a State in India
ⓘ
offences against laws to which the executive power of the State extends ⓘ offences against state laws in India ⓘ |
| basedOn |
principle of executive clemency
ⓘ
principle of separation of powers ⓘ |
| bindingOn | State Government of India NERFINISHED ⓘ |
| cameIntoForceOn | 26 January 1950 ⓘ |
| comparedWith | Article 72 of the Constitution of India NERFINISHED ⓘ |
| confersPower |
power to commute sentences
ⓘ
power to grant pardons ⓘ power to grant remissions of punishment ⓘ power to grant reprieves ⓘ power to grant respites ⓘ power to remit sentences ⓘ power to suspend sentences ⓘ |
| constitutionalLevel | state level ⓘ |
| country | India ⓘ |
| distinguishedFrom | Article 72 of the Constitution of India NERFINISHED ⓘ |
| doesNotExtendTo |
court-martial cases under military law
ⓘ
death sentences imposed for offences under laws where the Union executive power extends ⓘ offences where the power of pardon lies with the President of India ⓘ |
| foundIn |
Chapter II of Part VI of the Constitution of India
ⓘ
Part VI of the Constitution of India NERFINISHED ⓘ |
| governs | exercise of clemency powers by State Governors ⓘ |
| grantsPowerTo | Governor of a State in India ⓘ |
| hasAuthorityOver | sentences imposed under state laws ⓘ |
| interpretedBy |
High Courts of India
NERFINISHED
ⓘ
Supreme Court of India NERFINISHED ⓘ |
| language | English ⓘ |
| legalEffect |
enables Governor to alter or extinguish criminal liability within State domain
ⓘ
provides constitutional basis for gubernatorial clemency ⓘ |
| locatedInJurisdiction | Republic of India NERFINISHED ⓘ |
| originalLanguage | English ⓘ |
| partOf | Constitution of India NERFINISHED ⓘ |
| relatedConcept |
commutation of sentence
ⓘ
criminal justice system in India ⓘ pardon ⓘ remission ⓘ reprieve ⓘ respite ⓘ |
| relatesTo | executive power of the State ⓘ |
| requires | exercise of discretion by the Governor ⓘ |
| subjectMatter | clemency powers of the Governor ⓘ |
| subjectTo | judicial review on limited grounds ⓘ |
| yearEnacted | 1950 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
Governor of Karnataka
→
constitutionalArticlesGoverningOffice
→
Article 161 of the Constitution of India
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