The Supreme Court gave an important decision on Wednesday i.e. 01 July regarding the powers of the Governor. The Supreme Court said that the policy of remission of sentence made by the state under the constitutional powers given to the Governor under Article 161 of the Constitution cannot be overridden by the subsequent legal policy issued under the Code of Criminal Procedure (CrPC).
A bench of Justices Sanjay Karol and N Kotishwar Singh said that Haryana’s 2002 exemption policy, which was passed by the Governor under Article 161, will remain in force. This cannot be ended through the legal policy of 2008 made under sections 432 and 433 of CrPC of the state.
The Supreme Court said that no legal policy can override the use of the Governor’s power under Article 161. This power is separate and independent, not influenced by any other power. The Supreme Court described its decision given in 2021 in the State of Haryana vs Raj Kumar case as ignoring the law. The court said that this was against the decision of the larger bench in State of Haryana vs. Jagdish (2010).
Headlines
- The court said that no legal policy can override the power of the Governor under Article 161.
- The court gave this decision on the appeal of a prisoner who was convicted for the murder of a 12-year-old child.
- In this case, under the policy of 2002, the appeal for remission of sentence should have been placed before the Governor.
- The Chief Minister’s approval was sought for remission of sentence using CrPC rules.
The court gave this decision on the appeal of a prisoner sentenced to life imprisonment, who was convicted for the murder of a 12-year-old child in 2009. After being in jail for more than 14 years, he had applied for premature release. This was rejected by the Haryana Government and the Punjab and Haryana High Court.
Examining both the policies, the Supreme Court bench said that the 2002 policy clearly mentioned that the matter of remission should have been placed before the Governor under Article 161. At the same time, under the policy of 2008, the rules of CrPC were used in that case and the approval of the Chief Minister was sought.
What powers does the Governor have?
The most important thing that the court said in its decision is that the constitutional and independent powers given to the Governor can neither be limited nor changed through any other policies by the state government. In such a situation, the question arises whether the state system can be termed as a superpower on the basis of the powers possessed by the Governor?
Power of mercy petition and remission of sentence
Under Article 161 of the Constitution, the Governor can pardon, reduce, postpone and commute the sentence of any convict in the state. This is the constitutional and independent power of the Governor. The state government’s policy of remission or amnesty cannot prevail over this.
Decisive role in forming government
If no party gets a clear majority in the elections, then the Governor can use his powers to decide who should be called officially to form the government. In recent years, the decisions taken by the Governor in many states have decided the future of the formation of that state government.
President’s rule recommendation
Under Article 356 of the Constitution, if the constitutional system fails and anarchy prevails in a state, the Governor can recommend President’s rule in that state. Elected governments can be dismissed on the basis of the Governor’s report.
Power to stop bills or send them to the President
The Governor has the power to immediately approve the bills coming from the legislature, send them back and reserve them for the consideration of the President. How much delay will there be in the implementation of any law or how much change will there be in it, depending on the decision of the Governor?
power to issue ordinances
If the Governor finds an ordinance necessary, he can issue it under Article 213 even when the Assembly is not in session. That ordinance will have the same effect as a law and will come into force immediately in the state.
Power to summon and dissolve assembly session
The Governor has the power to call and adjourn the assembly session at any time. Apart from this, he also has the right to dissolve the Assembly in special circumstances.
Power to appoint Chief Minister and Ministers
When a party wins the election. Then she chooses the leader of her legislative party, then the Governor has the power to appoint that person as the Chief Minister. Apart from this, the Governor also has the responsibility of appointing ministers on the advice of the Chief Minister.
Role in universities and constitutional institutions
In most of the states, the Governor is considered the Chancellor of the universities. In such a situation, their role is important in higher education administration. Besides, the Governor also has the right to appoint Vice Chancellors in universities.
The Governor can be considered the most influential person in the state
A Governor has many constitutional rights related to government formation, recommendation of President’s rule, decision on mercy petition. These rights can change in adverse circumstances, from the politics of the state to the direction of governance. Under Article 154 of the Constitution, the entire executive power of the state is vested in the Governor. Every constitutional work of the state is done in the name of the Governor. Now according to the decision of the Supreme Court, the constitutional and independent rights of the Governor cannot be limited. In such a situation, the Governor can be considered as the most politically influential person of a state.
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