why the power to pardon a death sentence is given to indian president and not to governors?

The power to pardon a death sentence is given to the President of India and not to the Governors due to the following reasons:

1. Constitutional Provision: According to Article 72 of the Indian Constitution, the President of India has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This includes cases where the sentence is a sentence of death. The power to pardon lies with the President of India, as per the Constitution.

2. Nature of Offence: The President can pardon sentences inflicted by court martial (military court) and death sentences. The nature of these offences usually have national implications. Hence, the power to pardon such serious offences is vested with the highest constitutional authority, which is the President.

3. Checks and Balances: The power to pardon is a part of the system of checks and balances. The judiciary has the power to punish people for their crimes. The executive, through the President, has the power to pardon these sentences. This ensures a balance of power between different branches of government.

4. Precedence and Practice: This is also a matter of precedence and practice that has been followed since the time the Constitution came into effect. The framers of the Constitution envisaged such a power to rest with the President who is the first citizen of the country.

5. Federal Structure: India has a federal structure of government, although the word is not used in the Constitution itself. The Governors are the heads of States. They do not have the power to pardon death sentences as it is a power that has implications on the entire nation and not just one state. Hence, this power is vested with the President and not the Governors.

In conclusion, the power to pardon a death sentence is given to the President of India due to constitutional provisions, the nature of the offences, the system of checks and balances, precedence and practice, and the federal structure of the government.