india indian-constitutional-law
How does the pardoning power of the president and governer work ? (India)
<p>Article 72 states that the president can pardon offences relating to a matter to which the power of the union extends.</p>
<p>Article 161 states that the governor can pardon offences relating to a matter to which the power of the state extends.</p>
<p>There's these additional provisions, too.</p>
<p>Article 73 states</p>
<blockquote>
<p>Subject to the provisions of this Constitution, the executive power of the Union shall extend</p>
</blockquote>
<blockquote>
<p>(a) to the matters with respect to which Parliament has power to make laws; and</p>
</blockquote>
<blockquote>
<p>(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty on agreement: Provided that the executive power referred to in sub clause (a) shall not, save as expressly provided in this constitution or in any law made by Parliament, extend in any State to matters with respect in which the Legislature of the State has also power to make laws</p>
</blockquote>
<blockquote>
<p>(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution Council of Ministers</p>
</blockquote>
<p>Article 162 states</p>
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<ol start="162">
<li>Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof Council of Ministers</li>
</ol>
</blockquote>
<p>What are the provisions of the constitution referred to here ?</p>
<p>Does this mean that neither the governor nor the president can pardon offences and sentences in the concurrent list ? (There are 3 lists : the union list , the state list and the concurrent list.  These lists provide the things on which the union , state or both can make laws.)</p>

<h2>You’re overthinking this</h2>
<p>The President can pardon Federal crimes, the state Governor can pardon state crimes.</p>
<p>A convicted person will have been convicted under a Federal law, a State law or, possibly, both. The President can pardon the Federal convictions but not the State ones and vice-versa for the Governor.</p>
