Pardoning & ordinance making powers of President & Governor
Q. Which of the following is/are true regarding the President and the Governor?
1) President and Governor can pardon a death sentence.
2) Governor always needs instructions from the President for issuing ordinances.- Published on 06 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
- The President can pardon, reprive, remit, respite, commute or suspend the punishment or sentence of any person convicted of any offence against a Central law.
- Governor can pardon, reprive, remit, respite, commute or suspend the punishment the punishment or sentence of any person convicted of any offence against a state law.
- The President can pardon, reprive, remit, respite, commute or suspend a death sentence.
- The Governor cannot pardon death sentence but he can remit, commute or suspend a death sentence.
- President can pardon, reprive, remit, respite, commute or suspend the punishment or sentence by a court-martial.
- Governor cannot do such a thing.
- Ordinance issued by the President has the same force and effect as an act of the Parliament.
- Ordinance issued by the Governor has the same force and effect as an act of the state legislature.
- Ordinances issued by the President are subject to same limitations which an act of Parliament face.
- Ordinances issued by the Governor are subject to same limitations which an act of state legislature face.
- President requires no instruction for making an ordinance.
Governor cannot make an ordinance without the instructions from the President in following 3 cases -
1. If a bill containing the same provisions would have required, the previous sanction of the President for its introduction into the state legislature.
2. If he would have deemed it necessary to re-serve a bill containing the same provisions for the consideration of the President.
3. If an act of the state legislature containing the same provisions would have been invalid without receiving the assent of the President.
