Pardoning Power of President is an important constitutional provision and a power given to the President. This power is granted to the President to balance justice with mercy and ensure fairness in exceptional cases.

The President can forgive or reduce punishments, but they must follow the rules that are set by the Constitution and listen to government advice. This power helps correct mistakes, reduce very harsh punishments, and show mercy when needed.

What is Pardoning Power?

Pardoning is a special power that can reduce or completely remove a punishment given to someone who broke the law. It is meant to show fairness, kindness, and care for people. This power is not like a judge’s decision; it comes from the government. 

Its main goal is to fix cases where the punishment might be too harsh or there was a mistake in court. In India, both the President and the Governors have this power under Articles 72 and 161 of the Constitution.

• Provides relief for excessive sentences.
• Corrects judicial errors or miscarriages of justice.
• Reflects humanitarian principles in law enforcement.

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5 Types of Pardoning Power of the President

The pardoning power of President is classified into five forms. These categories ensure that the President can apply leniency flexibly, considering the convict’s situation and the nature of the crime. Here we have covered each of these types in complete detail, along with a brief descriptive table. 

Pardon

A pardon is one of the major leniencies that is provided to the accused. When the President gives a pardon, the person is fully forgiven for the crime. They don’t have to face any punishment like jail or fines. It’s like the crime never happened, and all their legal rights are back.

Commutation

Commutation involves reducing the severity of the punishment without nullifying the conviction itself. It is used to convert a harsher punishment into a lighter one.

Remission

Remission means the President reduce the time a person has to spend in jail, but the type of punishment stays the same. It’s usually given for good behaviour, health reasons, or other kinds of reasons.

Respite

Temporarily or permanently reduces the severity of a sentence due to special circumstances, like illness or pregnancy.

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Reprieve

Reprieve is the temporary postponement or suspension of a convict’s punishment by the President. Under this additional time for legal review, filing appeals or submitting mercy petitions is given. Thereby, to ensure fairness and allow proper consideration of leniency requests.

Pardoning Power of President Constitutional Provisions 

The Pardoning Power of President is granted under Article 72 of the Indian Constitution. It allows the President to grant pardons, reprieves, respites, remissions of punishment, or to suspend, remit, or commute sentences. This power applies in three specific situations:

1. Court-Martial Cases: The President can intervene in sentences awarded by military courts. Hence, reflecting the role as supreme commander and ensuring justice tempered with mercy.
2. Union Law Offences: The President can pardon individuals convicted under laws made by the Union. This is done to ensure consistency in justice across the country.
3. Death Sentence Cases: The President has the authority to grant leniency in death penalty cases. This power emphasizes humanitarian principles.

Also Read: Powers And Functions Of The President Of India

Governing Pardoning Power

The President’s power to pardon follows important rules from the Constitution and laws. These rules make sure forgiveness is given carefully, balancing fairness with kindness. 

Also Read: Powers And Functions Of Governor In India

Procedure for Exercising Pardoning Power

The Procedure for Exercising Pardoning Power is highly structured. It is through this process that care, integrity, and justice are maintained. The procedure for granting leniency under Article 72 is as follows:

1. Submission of Mercy Petition: At first, the accused or his/her family member submits a petition. In the petition, they seek pardon, commutation, remission, respite, or reprieve.
2. Review by Ministry of Home Affairs: The petition is examined, and recommendations are prepared considering legal, social, and humanitarian aspects. It is only after checking all of these aspects that it is sent ahead. 
3. Advice from Council of Ministers: Once it is handed over to the President. The President receives formal advice from the Cabinet before making any decision.
4. Presidential Decision: The President grants or rejects leniency. The decision is communicated officially, ensuring accountability and adherence to constitutional norms.

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Pardoning Power of President vs Governor

Both the President and Governors have clemency powers, but their scope differs. The pardoning power of President and Governor is therefore complementary. With the President handling national-level cases and Governors addressing state-level cases.

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