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Multiple Choice Questions

Consider the following differences with regard to the President and the Governor of India 1 Governor...........

Indian Political System Union - Executive, Legisture

Consider the following differences with regard to the President and the Governor of India:

1. Governor has both constitutional and situational discretion power.

2. President has no constitutional discretion, he has only some situational discretion.

3. The pardoning power of the President is independent of the judiciary and is an executive power.

4. Both the Governor and the President have concurrent power in respect of suspension, remission and commutation of death sentence.

Which of the statements given above is/are correct?

1,3&4 only

2,3&4 only

1&3 only

All the above

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Explanation:

Supreme Court of India on August 3, 2021 held that, Governor of state can pardon prisoners, including in the death sentence cases.

All the statements given are correct.Governor has both constitutional and situational discretion power. For instance:
(Examples of constitutional discretion)

Reservation of a bill for the consideration of the President.
Recommendation for the imposition of the President’s Rule in the state.

(Examples of situational discretion)

Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
President has no constitutional discretion, he has some situational discretion. In other words, the President can act on his discretion (that is, without the advice of the ministers) under the following situations:
Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
Dissolution of the Lok Sabha if the council of ministers has lost its majority.

Hence option 4th is correct.

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Anuj kumar

Option 4 is wrong, so all of the above cannot be the answer

Tanya

Kindly revisit.

Deepali Tiwari

suspention of death sentence governer cant provide

Shubham Tiwari

Governor cannot pardon the death sentence even if the said sentence has been prescribed under the state law. However, he can suspend, remit or commute. Article 161 in The Constitution Of India 1949 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.

Shubham Tiwari

Please read out statement 4th carefully, it's especially talking about commutation not pardoning. Therefore it is correct and hence all the statements are correct. I hope you got some clearity now. Thanks, for your doubt stay tuned with Abhipedia for more updates.

chitta ranjan pal

as governor has no pardonig power for death how d is correct

Shubham Tiwari

Please read statement 4th carefully, it's talking about commutation not pardoning.Therefore it's correct. You can also check this provision in Lakshmikant. Thanks, stay tuned with with Abhipedia for more updates