The pardoning powers of the President of India (Article 72) and the Governors of States (Article 161) are similar in nature but differ in their scope and jurisdiction. Here's a clear comparison of the two:

Constitutional Basis

Authority Article Description

President 72 Power to grant pardons for central offences
Governor 161 Power to grant pardons for state offences

Scope of Power

Aspect President (Art. 72) Governor (Art. 161)

Jurisdiction Offences under Union Law Offences under State Law
Court-Martial Yes, can pardon court-martial sentences No, cannot pardon court-martial sentences
Death Sentence Yes, can grant pardon (full forgiveness) Yes, but cannot pardon, only suspend, remit or commute
Types of Relief Can grant Pardon, Reprieve, Respite, Remission, Commute Same powers, except full pardon for death sentences

Applicability

Offence Type President Governor

Union List (e.g. defense, foreign affairs) Can pardon Cannot pardon
State List (e.g. police, prisons) Can pardon (in certain circumstances) Can pardon
Concurrent List May overlap (President usually has higher authority) May act, but subject to President in case of conflict

Key Limitations

The President's power extends to all cases involving:

Death sentences

Court-martial (military laws)

Offences against central laws

The Governor’s power is limited to:
State laws and cannot affect military court sentences or fully pardon death penalties.

Example

If a person is convicted under a central law like NDPS Act (Narcotics), only the President can exercise pardoning powers.

If a person is convicted under a state law like a state-specific excise act, the Governor may pardon, commute or remit the sentence.

1. Jurisdiction
President: For central laws and offences under Union authority.
Governor: For state laws and offences under State authority.

2. Court-Martial
President: Can pardon military court (court-martial) punishments.
Governor: Cannot pardon court-martial sentences.

3. Death Sentence
President: Can fully pardon a death sentence.
Governor: Can commute or remit, but cannot fully pardon a death sentence.

4. Applicable Area
President: Power applies to entire India.
Governor: Power applies only within the concerned state.

5. Binding Effect
Both powers are subject to judicial review if exercised arbitrarily.

President can pardon all offences including death and military cases; Governor can pardon only offences under state law and not death sentences.