What has been held by the Supreme Court in the case of K.M. Nanavati v. State of Bombay in regard to the governor’s power to suspend sentence under Article 161 of the Indian Constitution?
In K.M. Nanavati v. State of Bombay, the Supreme Court held that the Executive has no power to dispense with the operation of the law though the President and the Governors are vested with the power to Grant pardon to offender under Article 72 and Article 161 respectively. The Supreme Court has held that the Governor’s power to suspend sentence under Article 161 is subject to the rules made by the Supreme Court under Article 145 for disposal of pending appeals before it. Once the appeal is filled in the court the governor cannot exercise his power of suspension of sentence under Article 161, and if he does so his order would be invalid being in conflict with the Supreme Court rules under Article 143.
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