Consider the following statements with respect to the powers of President and Governor in Indian Pol...........

Indian Polity President of India

Consider the following statements with respect to the powers of President and Governor in Indian Political System.

1. The President and Governor enjoy equal powers in matters of disqualification of the members of the parliament and concerned state legislature respectively.

2. The governor enjoys the same pardoning power as that of President in all cases except in case of a sentence by a military court.

Which of the Statement above given is/are is correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

The President and Governor enjoy equal powers in matters of disqualification of the members of the parliament (Art 103) and concerned state legislature (Art 192) respectively in consultation with Election Commission.

Under Article 72, President exercises his executive powers judicial in nature, namely: complete pardon from death sentence, reprieves, respite, remission, commutation. He can remit or commute sentence by court martial. These powers are independent of judiciary. Courts cannot interfere in exercise of this power of president. Pardoning powers are exercised on advice of Union Government (CoM headed by PM).

Under Article 161, Governor has the power to grant: pardons, reprieves, respites, remission, commutation. Unlike President, Governor cannot pardon death sentence or by court martial. The object of confering judicial powers is to correct judicial errors. This power is independent of judiciary and thus cannot be appealed in court. Pardoning powers are however exercised on advice of state government.