Which of the following is outside the pardoning power of the Governor under Article 161?
- A.Remission of a sentence for an offence against a state law
- B.Suspension of a sentence of death
- C.Pardon of a sentence of death
- D.Commutation of a sentence of death
Correct answer
Explanation
The correct answer is C, pardon of a sentence of death. Article 161 lets the Governor grant pardon, reprieve, respite or remission of punishment, and suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the state extends. Courts have read this to mean that he may suspend, remit or commute a death sentence but cannot grant a full pardon in a death sentence case; that power belongs to the President under Article 72.
Option A is squarely within Article 161 and is the plainest use of the power. Options B and D are also within it, since suspension and commutation of a death sentence are expressly mentioned. Two further limits are worth memorising: the Governor has no power over a sentence passed by a court martial, and no power in respect of offences against Union laws.
Read the full article: UP Governor and Council of Ministers: Articles and Powers
Practice Questions
View allWho appoints the Governor of Uttar Pradesh?
- A.The Prime Minister of India
- B.The President of India
- C.The Chief Justice of the Allahabad High Court
- D.The Chief Minister of Uttar Pradesh
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Article 155 says the Governor of a state shall be appointed by the President by warrant under his hand and seal, so the office is filled by appointment and never by election.
Read the full explanation →What is the minimum age prescribed for a person to be appointed Governor of a state?
- A.25 years
- B.30 years
- C.35 years
- D.40 years
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Article 157 lays down only two qualifications for the office of Governor: the person must be a citizen of India and must have completed thirty-five years of age.
Read the full explanation →Including the Chief Minister, what is the maximum number of ministers that the Uttar Pradesh Council of Ministers can have?
- A.40
- B.50
- C.60
- D.80
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Article 164(1A), inserted by the Constitution (Ninety-first Amendment) Act of 2003, limits the total number of ministers including the Chief Minister to fifteen per cent of the total number of members of the Legislative Assembly, with a minimum of twelve.
Read the full explanation →Before whom does the Governor of Uttar Pradesh take the oath of office?
- A.The President of India
- B.The Chief Justice of India
- C.The Chief Justice of the High Court of the state
- D.The Speaker of the Vidhan Sabha
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Article 159 requires every Governor, before entering upon his office, to make and subscribe an oath in the presence of the Chief Justice of the High Court having jurisdiction in relation to that state, and in his absence before the senior-most judge of that court available.
Read the full explanation →Who was the first Chief Minister of Uttar Pradesh?
- A.Sampurnanand
- B.Govind Ballabh Pant
- C.Chandra Bhanu Gupta
- D.Kamalapati Tripathi
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Pant headed the government of the United Provinces from 1937 as Premier, returned to office after independence and continued as the first Chief Minister of Uttar Pradesh until 1954, when he moved to the Union cabinet as Home Minister.
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