Article 72: Pardoning Power of the President

Introduction:

Article 72 of the Indian Constitution grants the President of India 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 offense. This power is vested in the President to ensure justice, equity, and compassion in cases where the judicial process may have overlooked mitigating circumstances or where a miscarriage of justice is perceived.

Pardoning Power of President: Article 72

• Article 72: Empowers the President to grant pardons to persons who have been tried and convicted of any offence in cases where the:
  • Punishment or sentence is for an offence against a Union Law;
  • Punishment or sentence is by a court martial (military court); and
  • Sentence is a sentence of death.
• Features: An executive Power; Independent of the Judiciary; exercised on the advice of the Cabinet; 
  • No right to appeal, 
  • The president can award relief in a harsh sentence or a sentence that was result of an evident mistake,  
  • not bound to give reasons; 
  • not subject to judicial review except when the decision is arbitrary, irrational, mala fide, or discriminatory.
  • No need for the Supreme Court to lay down specific guidelines,
  • Stay cannot be obtained by filing another petition.
• It includes the following,
  • Pardon: Completely absolves conviction.
  • Commutation: Substitution to lighter punishment
  • Remission: Reducing the Period without changing the character of the punishment.
  • Respite: Lesser sentence than original due to special facts such as pregnancy, disability, etc.
  • Reprieve: Stay on execution for a temporary period.

Conclusion:

The pardoning power vested in the President under Article 72 of the Indian Constitution serves as a crucial mechanism for upholding principles of justice, fairness, and compassion within the legal system. As an integral part of the constitutional framework, the pardoning power plays a significant role in ensuring the balance between the rule of law and considerations of humanity and mercy.