How does the President’s authority under Article 72 of the Indian Constitution vary from the Governor’s power of pardon? (125 Words) [UPPSC 2023]
Article 32 secures Constitutional remedies for the enforcement of the FR, when they are violated . The right to get FR is itself a FR. So it's "the very soul of the Constitution and the very heart of it". Provisions: The right to move the SC SC has the power to issue writs that include habeas corpusRead more
Article 32 secures Constitutional remedies for the enforcement of the FR, when they are violated . The right to get FR is itself a FR. So it’s “the very soul of the Constitution and the very heart of it”.
Provisions:
- The right to move the SC
- SC has the power to issue writs that include habeas corpus, mandamus, prohibition, certiorari and qua-warranto.
- Parliament can empower any other court to issue writs except the high court that has already been vested with these powers under Article 226.
- The president can suspend it during a national emergency.
The purpose of art 32 is to provide a guaranteed remedy for the protection of the FR. The SC has been the guarantor of FR for citizens.
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Comparison of Pardon Powers: Governor vs. President 1. Constitutional Basis: Governor: The power of pardon for a Governor is derived from Article 161 of the Indian Constitution. This power allows the Governor to grant pardons, reprieves, respites, or commutations of sentences for offenses against stRead more
Comparison of Pardon Powers: Governor vs. President
1. Constitutional Basis:
2. Scope of Authority:
3. Application and Consultation:
Conclusion: While both the Governor and the President have the power to pardon, their scopes and consultations differ significantly, reflecting their respective roles in state and central jurisdictions.
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