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Constitution which while specifying the power of the Executive Head of the country, namely, the President it is specifically provided that the power to grant pardons, etc. or grant of remissions, etc. or commutation of sentence of any person convicted of any offence in all cases where the punishment or sentence is by a court martial, then it is clear to the effect that under the Constitution itself the Executive Power is specifically conferred on the Centre. While referring to various constitutional provisions, we have also noted such express Executive Power conferred on the Centre in respect of matters with reference to which the State is also empowered to make laws. If under the provisions of the Code the sentence is imposed, within the territorial jurisdiction of the State concerned, then the "appropriate Government" would be the State Government. Therefore, to ascertain who will be the appropriate Government whether the Centre or the State, the first test should be under what provision of the Criminal Procedure Code the criminal court passed the order of sentence. If the order of sentence is passed under any other law which restricts the liberty of a person, then which is that law under which the sentence was passed is to be ascertained. If the order of sentence imposed any liability upon any person or his property, then again it is to be verified under which provision of the Criminal Procedure Code or any other law under which it was passed will have to be ascertained. In the ascertainment of the above questions, if it transpires that the implication to the proviso to Article 73(1)(a) of the Constitution gets attracted, namely, specific conferment of Executive Power with the Centre, then the Central Government will get power to act and consequently, the case will be covered by Section 432(7)(a) of the Code and as a sequel to it, the Central Government will be the "appropriate Government" to pass orders under Sections 432 and 433 of the Criminal Procedure Code.

135. Therefore, whether under any of the provisions of the Criminal Procedure Code or under any special enactment enacted by the Central Government by virtue of its enabling power to bring forth such enactment even though the State Government is also empowered to make any law on that subject, having regard to the proviso to Article 73(1)(a) of the Constitution, if the conviction is for any of the offences against such provision contained in the Criminal Procedure Code or under such special enactments of the Centre if the Executive Power is specified in the enactment with the Central Government, then the appropriate Government would be the Central Government. Under Section 432(7)(b) barring cases falling under Section 432(7)(a) CrPC in all other cases, where the offender is sentenced or the sentence order is passed within the territorial jurisdiction of the State concerned, then alone the appropriate Government would be the State.

136. Therefore, keeping the above prescription in mind contained in Section 432(7) CrPC and Section 55-A IPC, it will have to be ascertained whether in the facts and circumstances of a case, where the criminal court imposes the sentence and if such sentence pertains to any section of the Penal Code, 1860 or under any other law for which the Executive Power of the Centre extends, then in those cases the Central Government would be the "appropriate Government". Again in respect of cases, where the sentence is imposed by the criminal court under any law which falls within the proviso to Article 73(1)(a) of the Constitution and thereby the Executive Power of the Centre is conferred and gets attracted, then again, the appropriate Government would be the Central Government. In all other cases, if the sentence order is passed by the court within the territorial jurisdiction of the State concerned, the State Government concerned would be the appropriate Government for exercising its power of remission, suspension as well as commutation as provided under Sections 432 and 433 of the Criminal Procedure Code. Keeping the above prescription in mind, every case will have to be tested to find out which is the appropriate Government, State or the Centre.

139. Secondly, in yet another situation where the law came to be enacted by the Union in exercise of its powers under Articles 248, 249, 250, 251 and 252 of the Constitution, though the legislative power of the States would remain, yet, the combined effect of these Articles read along with Article 73(1)(a) of the Constitution will give primacy to the Union Government in the event of any laws passed by the Centre prescribes the Executive Power to vest with it to the exclusion of the Executive Power of the State then such power will remain with the Centre. In other words, here again, the coextensive power of the State to enact any law would be present, but having regard to the constitutional prescription under Articles 248 to 252 of the Constitution by which if specific Executive Power is conferred then the Union Government will get primacy to the exclusion of the State.