Death penalty pardon

By virtue of Article 161 of The constitution of India, the Governer of a state cannot pardon a person sentenced with death penalty in all cases but for the selected.

Let us see  these two articles for the purpose of analysis.

Article 161. 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.

72. (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) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor 1*** of a State under any law for the time being in force.

Here the point of distinction is to be done on the basis of the Territory to which this power extends. In the case of Article 161,this power is limited to executive power the state and in the case of Article 72,the power is extended to executive power of the union.

If the punishment of death is awarded for the offence against which the power of state executive extends,the governor shall have the power to grand pardon even in a case where death penalty awarded by virtue of state laws but not otherwise.