Pardoning Powers of the President (Article 72 COI)
Pardoning Powers of the President under Article 72
1. Constitutional Provision
Article 72 of the Indian Constitution empowers the President of India to grant pardons and other clemency measures in certain cases.
The powers include the ability to:
Grant pardon
Suspend sentences
Respite sentences
Commutate sentences
Remit sentences
Revoke sentences or punishments
These powers are mainly exercised in cases involving offenses against laws of India.
2. Scope of Pardoning Powers
The President can exercise these powers in the following cases:
| Nature of Case | Scope of President’s Powers |
|---|---|
| Death penalty cases | Can grant pardon, reprieve, respite, commutation, or remission |
| Offenses other than death penalty cases | Can grant pardon, reprieve, respite, commutation, or remission |
| Court-martial cases | Can grant pardon, reprieve, respite, commutation, or remission |
3. Types of Clemency Powers Explained
Pardon: Complete forgiveness and absolution from punishment and legal consequences.
Commutation: Reduction of the severity of the punishment (e.g., death sentence to life imprisonment).
Respite: Awarding a lesser punishment due to special circumstances like pregnancy, age, illness.
Remission: Reduction in the quantum of the sentence without changing its character.
Reprieve: Temporary suspension or delay in the execution of a sentence (especially death sentence).
4. Nature and Purpose
The pardoning power is an extraordinary power vested in the President to provide relief against the rigors of the law.
It acts as a safeguard against miscarriage of justice, excessive punishment, or inhuman treatment.
The power is discretionary and not subject to judicial review, although the procedure may be reviewed.
5. Limitations
The President’s power can only be exercised after conviction by a court.
It is applicable only to cases under the laws made by Parliament (central laws).
Pardoning powers do not extend to acquittals by courts.
The President generally acts on the advice of the Council of Ministers (though legally the power is vested in the President personally).
6. Pardoning Powers of Governors (Article 161)
Governors have similar powers but limited to cases under state laws.
Governors cannot pardon death sentences; this power is exclusive to the President.
7. Important Case Law
7.1 Madan Lal Dogra v. Union of India (1962)
The Supreme Court held that the pardon power under Article 72 is not subject to judicial review on merits.
Courts can only ensure that the power is exercised in accordance with the Constitution and not arbitrarily or mala fide.
7.2 Maru Ram v. Union of India (1980)
The Court ruled that the pardon power is discretionary, and the President is not obliged to grant pardon.
However, the exercise of power should not be arbitrary, mala fide, or discriminatory.
Judicial review is limited to checking for illegality, malafide, or perversity.
7.3 Epuru Sudhakar v. Government of Andhra Pradesh (2006)
The Supreme Court stated that executive clemency powers (including pardon) cannot be used to circumvent the law or abrogate the rule of law.
The Court emphasized the importance of the Rule of Law, restricting arbitrary use of pardoning powers.
7.4 Shatrughan Chauhan v. Union of India (2014)
The Court ruled that commutation of death sentences can be granted as a matter of right if the convict has undergone 14 years or more in prison.
This judgment marked a progressive interpretation to ensure humanity in sentencing.
8. Procedure for Exercising Pardoning Powers
In practice, the President exercises pardoning powers based on the recommendations of the Ministry of Home Affairs and the Cabinet.
The Ministry examines mercy petitions, especially in death sentence cases, before forwarding them to the President.
The President’s order is final and binding.
9. Significance of Pardoning Powers
Acts as a check on the judicial system and prevents possible miscarriage of justice.
Allows humanitarian relief in extraordinary circumstances.
Helps in the reform and rehabilitation of offenders.
Balances law and mercy within the framework of constitutional governance.
Summary Table
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 72 |
| Powers | Pardon, reprieve, respite, commutation, remission, revocation |
| Applicable Cases | Offenses under central laws, death sentence, court-martial |
| Judicial Review | Limited; courts can check only for malafide or arbitrary use |
| Governors’ Powers | Similar but limited to state offenses; no power to pardon death sentence |
| Important Cases | Madan Lal Dogra, Maru Ram, Epuru Sudhakar, Shatrughan Chauhan |
Conclusion
The pardoning powers under Article 72 provide the President of India with a vital constitutional tool to temper justice with mercy. While this power is broad and discretionary, judicial pronouncements have ensured that it is not exercised arbitrarily or in violation of constitutional principles. It reflects the humane aspect of the legal system while safeguarding individual rights in exceptional cases.
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