Article 435 of the Costitution of India with Case law
📜 Article 435 of the Constitution of India
Title: Power of the President to grant pardons, etc., in certain cases
Text of Article 435:
"The President may, by warrant under his hand and seal, grant to any person convicted of any offence against a law relating to a matter to which the executive power of the Union extends—a pardon,
reprieve,
respites or remission of punishment, or
to suspend, remit or commute the sentence passed by any court."
✅ Clarification:
Actually, this is not Article 435, but Article 72 that deals with the President’s power to grant pardons.
There is no Article 435 in the Constitution of India.
✅ List of Articles Around That Number:
The last Article in the Constitution is Article 395. Articles in the 400s do not exist.
🔍 Possible Mistake:
You may have been referring to:
Article 72 (Powers of the President to grant pardon)
Article 161 (Similar power of Governor)
Or a Section in another law, such as:
Section 435 of the Criminal Procedure Code (CrPC).
📚 Section 435 CrPC – State Government to act after consultation with the Central Government
🔹 Summary:
This section applies to remission or commutation of certain sentences.
If a person is convicted under Central laws, or the case was investigated by a Central agency (e.g., CBI), then the State Government must consult the Central Government before acting.
⚖️ Case Law on Section 435 CrPC:
Union of India v. V. Sriharan @ Murugan & Others (2015)
Citation: (2016) 7 SCC 1
Facts: Concerned with remission in Rajiv Gandhi assassination case.
Held:
The state cannot grant remission in cases investigated by a central agency like the CBI without consulting the Centre under Section 435 CrPC.
Upheld the importance of federal coordination in remission powers.
🧠 Summary Table:
| Topic | Details |
|---|---|
| Constitutional Article 435 | ❌ Does not exist |
| Related Article (likely) | Article 72 – Presidential pardon |
| Related CrPC Section | Section 435 – State to consult Centre for remission |
| Key Case Law | Union of India v. Sriharan (2015) |
| Principle | Centre-State coordination in remission of sentences |
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