Introduction and Constitutional Basis
The Pardoning Power of the President is enshrined under Article 72 of the Indian Constitution. It empowers the President to grant pardons, reprieves, respites, remissions, or commutations of punishment to any person convicted of an offence. This power applies in three cases: (1) in all cases where the punishment or sentence is by a Court Martial, (2) in all cases where the punishment is for an offence against any law relating to a matter to which the executive power of the Union extends, and (3) in all cases where the sentence is a death sentence. This provision upholds the principle of mercy and justice, ensuring that the executive can correct judicial errors in extraordinary situations.
Scope and Limitations
The President’s pardoning power is executive in nature and exercised on the advice of the Council of Ministers under Article 74(1). It extends beyond judicial authority, as courts cannot question the validity of the advice but can review the manner of exercise of the power if found to be arbitrary or mala fide. In Kehar Singh v. Union of India (1989), the Supreme Court held that the President can scrutinize the evidence and apply mercy even after judicial proceedings are concluded. However, the power cannot be exercised capriciously or to undermine judicial authority, maintaining a fine balance between justice and compassion.
Importance and Constitutional Philosophy
The pardoning power is an essential component of India’s constitutional compassion and human rights framework. It acts as a final safeguard against judicial errors and harsh punishments. The power demonstrates the humanitarian face of governance, ensuring that law serves justice rather than mere retribution. It also reinforces the doctrine of separation of powers, as the executive’s mercy complements the judiciary’s authority. This power, when exercised judiciously, promotes public faith in justice, aligning with the constitutional values of fairness, equality, and dignity of life under Article 21.
Real-Time Example
A real example is the pardon of Perarivalan (2022), one of the convicts in the Rajiv Gandhi assassination case. Although his mercy petition was delayed for years, the President’s power under Article 72 and the Governor’s power under Article 161 came into question. Ultimately, the Supreme Court invoked Article 142 to release him, citing prolonged delay and rehabilitation. This case demonstrates how pardoning power serves as a tool of justice in exceptional humanitarian circumstances, beyond the rigidity of law.
Mnemonic to Remember – “PRIME”
P – Pardon (complete forgiveness)
R – Reprieve (temporary stay of execution)
I – Immunity through remission or reduction of sentence
M – Mercy exercised under Article 72
E – Executive power guided by justice and equity
The mnemonic “PRIME” helps recall the five types and guiding essence of the President’s Pardoning Power — an act of mercy that upholds justice, humanity, and constitutional balance.
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Discover the Pardoning Power of the President under Article 72 at Lawgnan.in — your trusted platform for constitutional insights. Understand how the President’s mercy powers uphold justice, equity, and humanity by granting pardons, reprieves, respites, remissions, and commutations. This article explains the scope, constitutional philosophy, and landmark cases such as Kehar Singh v. Union of India and Perarivalan (2022), showcasing the balance between compassion and judicial authority. Ideal for law students, UPSC aspirants, and judiciary exam candidates, this guide simplifies executive clemency as a crucial safeguard against judicial errors. Strengthen your constitutional knowledge today with Lawgnan.
