burdening power of governor

Guest (Querist) 21 November 2010 This query is : Resolved
Governor has more wide burdening powers than President in india. Although the murder convict's plea rejected by president, the concerned state governor can entertain and commute the sentence. Members pl. clarify the same

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Raj Kumar Makkad (Expert) 22 November 2010
It is unfortunate that even after affirmation of punishment and even after dismissal of mercy petition by President of India, the execution matter of hanging goes to concerned State Government which has to work under the supervision of Governor and here a lot of time is generally taken to submit its report qua effect on law and order if the punishment is executed.

Practically you are right even though there is no such constitutional provision. We can take the example of Afjal Guru.

Parthasarathi Loganathan (Expert) 22 November 2010
Let us feel happy that at least Gubernatorial posts like Governorship get such sensitive jobs to handle once in a blue moon.

s.subramanian (Expert) 22 November 2010
Obviously the author is meaning Pardoning by using the word burdening in the query . A reading of Art.72(3) will make things clear. It is provides for an exception to the powers of the Governor for the exercise of similar powers under Art.161. Such an exercise of power by the Governor is not without fetters. it is subject to judicial review (2004(7)SCC 634. AIR 2004 SC 1702 ) The powers of the President and the Governor have been interpreted by the Supreme Court of India as the powers of the British Crown under the British Parliamentary system. (2005 (2) SCC 92.

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