---
title: "Article 161: Governor's Pardoning Power | Model Diplomat"
description: "Article 161 empowers State Governors in India to grant pardons and commute sentences, distinguishing their clemency powers from the President's Article 72."
url: "https://modeldiplomat.com/learn/glossary/article-161-pardoning-power-of-governor"
---

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Model Diplomat Research Team · Last reviewed June 22, 2026

TL;DR

- Article 161 of the Indian Constitution empowers the Governor of a State to grant pardons, reprieves, respites, or remissions of punishment and to suspend, remit, or commute sentences for offences against State laws.
- How does Article 161 differ from the President's power under Article 72?
- Can the Governor exercise the pardoning power independently of the State Cabinet?
- Is a clemency order under Article 161 subject to judicial review?

[Civil Service & Diplomatic Exams](https://modeldiplomat.com/learn/civil-services/glossary)Updated June 22, 2026

Article 161 of the Indian Constitution empowers the Governor of a State to grant pardons, reprieves, respites, or remissions of punishment and to suspend, remit, or commute sentences for offences against State laws.

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In May 2022, the Supreme Court ordered the release of Rajiv Gandhi assassination convict A.G. Perarivalan, holding that the Tamil Nadu Governor's delay in acting on the State Cabinet's Article 161 remission recommendation was constitutionally untenable.

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