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Constitution of India · Part VI: The States · The Governor

Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

In plain words

The Governor of a State can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence of anyone convicted of an offence against a law on a matter covered by the State's executive power.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 161 gives the Governor of a State the power to grant pardons and remit or commute sentences for offences against laws within the State's executive power. It parallels the President's power under Article 72, and is exercised on the advice of the State Council of Ministers.

Scope

The Governor's power covers offences against State laws and laws on matters to which the State's executive power extends. Unlike the President under Article 72, the Governor has no power over sentences of court martial.

Advice binding

The Supreme Court has held that the advice of the State Cabinet is binding on the Governor in matters of remission and commutation under Article 161. Inexplicable delay by the Governor in acting on the Cabinet's recommendation is open to judicial review.

Relationship with statutory remission

Remission under the Code of Criminal Procedure is a statutory power of the government; Article 161 is a separate constitutional power, and statutory restrictions on remission do not limit it.

Key Supreme Court rulings

  • A.G. Perarivalan v. State, through Superintendent of Police CBI/SIT/MMDA, Chennai 2022 INSC 588

    The advice of the State Cabinet is binding on the Governor in matters of commutation or remission under Article 161; inexplicable delay not attributable to the prisoner is subject to judicial review, and the Court ordered the appellant's release under Article 142.

  • Maru Ram v. Union of India (1981) 1 SCC 107

    The President and Governor act on the aid and advice of the Council of Ministers; the narrow area of the Governor's discretion does not include Article 161.

Common mistakes

  • Treating the Governor as having personal discretion under Article 161.
  • Confusing statutory remission with the constitutional power.

Read with: Article 72 Constitution, Article 163 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 161