Pardoning Power of President

Pardoning Power of the President of India

1. Introduction

The Pardoning Power vested in the President of India is a significant constitutional provision aimed at ensuring justice and mercy. Outlined in Article 72 of the Indian Constitution, this power allows the President to grant clemency in certain cases, providing a mechanism to correct potential judicial errors or to show compassion in deserving situations.

The Indian Constitution vests the President with the authority to grant pardons and other forms of clemency to individuals convicted of offences. This power serves as a vital component of the justice system, providing a mechanism to rectify judicial errors, offer relief in cases of undue hardship, and uphold the principles of mercy and humanity.

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2. Constitutional Provision: Article 72

Article 72 of the Constitution of India delineates the scope of the President's pardoning powers:

(1) The President shall have 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.

    (a) in all cases where the punishment or sentence is by a Court Martial;

    (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

    (c) in all cases where the sentence is a sentence of death.

This provision empowers the President to intervene in specific cases, ensuring justice is tempered with mercy.

Article 72 of the Indian Constitution empowers the President to grant:

• Pardon: Completely absolves the individual of the offense, treating them as if they were never convicted.

• Reprieve: Temporarily suspends the execution of a sentence, especially in death penalty cases, to allow time for reconsideration or appeal.

• Respite: Reduces the severity of the punishment due to special circumstances, such as the convict's health condition.

• Remission: Lowers the amount of punishment without changing its nature, for example, reducing a sentence from ten years to five years.

• Commutation: Substitutes a lighter form of punishment for a harsher one, like changing a death sentence to life imprisonment.

These powers can be exercised in the following situations:

• Court Martial Cases: Offenses tried by military courts.

• Union Law Offenses: Crimes committed under laws relating to matters within the Union's jurisdiction.

• Death Sentence Cases: Convictions where the sentence is capital punishment.

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3. Scope and Limitations

• Before or After Conviction: The President can exercise this power before or after a conviction, offering a chance for mercy or correction.

• Advice of Council of Ministers: While the Constitution doesn't explicitly state, it's understood that the President exercises this power based on the advice of the Union Cabinet.

• Judicial Review: The exercise of this power is subject to judicial review to ensure it isn't arbitrary or unreasonable.

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4. Significance of the Pardoning Power

• Correcting Judicial Errors: Provides a mechanism to rectify possible miscarriages of justice.

• Humanitarian Considerations: Allows for compassion in cases involving special circumstances.

• Checks and Balances: Acts as a check on the judiciary, ensuring that justice is served in a fair and balanced manner.

Comparison with Governor's Powers

Article 161 of the Constitution grants similar clemency powers to the Governors of states:

The Governor of a State shall have 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 against any law relating to a matter to which the executive power of the State extends.

However, the Governor's powers do not extend to cases involving court-martial sentences or death sentences, which fall exclusively under the President's jurisdiction.

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5. Judicial Oversight

The Supreme Court has held that while the President's pardoning power is discretionary, it is not absolute. The Court can review the exercise of this power to ensure it aligns with constitutional principles and isn't exercised arbitrarily. This ensures a balance between executive discretion and judicial accountability.

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6. Case Study: Maru Ram v. Union of India (1980)

In this landmark case, the Supreme Court emphasized that the President's pardoning power must be exercised fairly and reasonably. The Court held that arbitrary use of this power could be subject to judicial review, reinforcing the principle that executive actions must adhere to constitutional norms.

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7. Conclusion

The Pardoning Power of the President of India is a crucial aspect of the constitutional framework, serving as a tool for justice and mercy. While it provides an avenue for correcting judicial errors and showing compassion, its exercise is also subject to judicial oversight to prevent misuse and ensure fairness. This balance upholds the principles of justice and the rule of law in the Indian democratic system.

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References:

• Constitution of India – Article 72

• Drishti IAS – Pardoning Power of President(Drishti IAS)

• BYJU'S – Pardoning Power of President

• Indian Kanoon – Article 72(Indian Kanoon)

• De Facto IAS – Pardoning Power of President(De Facto Law)

• Drishti Judiciary – Pardoning Power of President

• NEXT IAS – Pardoning Power of President

• Wikipedia – Pardoning Power of President of India

• Constitution of India – Article 72(NEHU)

• Drishti Judiciary – Pardoning Power of the President(Drishti Judiciary)

• BYJU'S – Pardoning Power of President(BYJU'S)

• Chahal Academy – Pardoning Power of President(Chahal Academy)

• Wikipedia – Pardon(Wikipedia)