Article 161 in Constitution of India
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
power has
been exercised by the President under Article 72 or the Governor under
Article 161 or by this Court in its Constitutional power under ... Article 72(1)(c) read along with
Article 72(3) is also referable to the proviso to Article 73(1) as well as
Articles 161
Constitution makers went on to incorporate the provisions of Article 72
and Article 161 of the Constitution of India. This responsibility was cast
upon ... aside the punishment for a
crime........
The power under Article 72 as also under Article 161 of
the Constitution is of the widest amplitude
curtail the constitutional power
vested in the Governor by virtue of Article 161 of the
Constitution. The High Court, dismissed the Writ Petition ... curtail the constitutional power vested
in the Governor by virtue of Article 161 of the Constitution
which had to be exercised on the advice
power vested in the President under Article 72 and the Governor under
Article 161 of the Constitution. Shri Tulsi then referred to the judgments ... argued that delay in deciding a mercy petition
filed under Article 72 or Article 161 of the Constitution due to executive
indifference or callousness
case of Maru
Ram , supra, is not an authority on Article 72 and Article 161 of the
Constitution of India. It is on the ground ... reference to
Articles 14 , 19 and 21 of the Constitution of India, but by referring
to Articles 72 and 161 of the Constitution of India
that the power reposed in
the President under Article 72 and the Governor under Article 161 of the
Constitution is not a matter of grace ... order of the President or the Governor under Article 72
or Article 161 , as the case may be, is available and their
orders
clearly held that the power of the constitutional authorities under Article
71 and Article 161 of the Constitution has to remain sacrosanct but the
power ... dealt with.
35. To elaborate, though the power exercised under Article 71 and Article
161 of the Constitution is amenable to judicial review
order of the President or the Governor under Article 72
or Article 161 , as the case may be, is available and their
orders ... there is no specific
reference in this regard in either Article 72 or Article 161 of
the Constitution yet by application of the provisions
Shri Ram
Chand Jain in exercise of power conferred by Article 161 of
the Constitution of India read with Section 132 of the Code ... relation to the Presidents power under Article 72 equally
applies to the power of Governor under Article 161 of the
Constitution. In Marurams case (supra