Power to grant pardon

Powers of granting pardon.

In Yakub Memon case the question is Can mercy plea be filed before governor after President rejects it? Without going in to the merits of the case the question may be answered as no. Art. 161 of the Constitution runs like this. "161. 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" 

Last two lines are important here. it speaks about any law relating to a matter to which executive powers of the state extends. Certainly if a law of the state empowers count to convict an accused to death sentence the Governor of the state may pardon the said accused. But since Indian Penal Code is central law the governor has no jurisdiction to pardon an accused. It is also true that the president is not the appellant authority of governor.

Art. 72 of the Constitution of India is like this:

" 72. Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases

(1) The President 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

(a) in all cases where the punishment or sentence is by a court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) In all cases where the sentence is a sentence of death

(2) Noting in sub clause (a) of Clause ( 1 ) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force"

Law is never unreasonable but is to be interpreted by courts as per the rules of interpretation. Therefore there is no propriety of an application after the president has rejected the petition. In this respect the provision of Art. 72 (2) is worth considering. The powers with regards to state laws can also be exercised by the president but not vice versa. 

One political question appeared on twitter that whether in India law can claim blood for blood? Why such question arises only when terrorist is sentenced to death?