1. Overview and Objective:
The President of India is vested with the pardoning power under Article 72 of the Constitution of India. This power allows the President to grant pardons, reprieves, respites, or remissions of punishment to individuals convicted of offenses under the laws of India. The primary objective of this provision is to provide a corrective mechanism in the justice system, especially in cases where judicial punishment may result in undue hardship, miscarriage of justice, or when mercy is warranted due to humanitarian reasons. The pardoning power ensures a balance between the strict enforcement of law and the exercise of compassion, reflecting the principle that the executive can intervene in exceptional cases for the sake of justice or public good.
2. Scope and Legal Provisions:
Article 72(1) specifies that the President may grant pardons in cases involving punishment by death, imprisonment, or fines for offenses under central laws. The pardoning power covers: (i) pardon, (ii) reprieve, (iii) respite, (iv) remission, and (v) commutation of sentence. While the Constitution grants this power to the President, it is exercised based on the advice of the Council of Ministers. The law provides that pardons can be granted in cases where the punishment is excessive, where rehabilitation is possible, or where legal errors have occurred. However, this power cannot override the fundamental principles of justice and is subject to judicial review if misused.
3. Significance and Limitations:
The pardoning power serves as a tool for promoting justice, mercy, and correction within the criminal justice system. It acts as a safeguard against errors, delays, or harsh judgments in courts, particularly in capital punishment cases. However, this power is not absolute; it must be exercised judiciously and cannot contravene statutory provisions or be arbitrary. The Supreme Court, in various judgments such as Maru Ram v. Union of India (1980), emphasized that the President must consider legal advice, the circumstances of the case, and public interest. Thus, the pardoning power balances mercy with accountability and upholds the ethical and constitutional framework of governance.
4. Real-Time Example:
A notable example is the 1993 case of Sanjay Dutt, where he was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and later granted partial remission of his sentence based on legal provisions and executive review. Similarly, in 2014, President Pranab Mukherjee commuted death sentences of certain convicts in cases like terrorism and rare crimes due to humanitarian considerations. These examples illustrate the discretionary use of the President’s power to correct judicial outcomes while balancing justice and mercy in individual cases.
5. Mnemonic to Remember:
Mnemonic: “PREZ PARDONS JUSTICE MERCY”
- P = President’s power under Article 72
- R = Reprieve or Respite of punishment
- E = Executive advice considered
- J = Justice maintained
- M = Mercy shown in exceptional cases
This phrase helps recall the constitutional basis, scope, and purpose of the pardoning power, emphasizing both justice and compassion.
About lawgnan:
Explore the Pardoning Power of the President under Article 72 in depth at Lawgnan.in. Understand how this constitutional authority ensures a balance between justice, mercy, and executive discretion. Lawgnan explains the types of pardons, judicial precedents, constitutional scope, and humanitarian significance behind presidential clemency. Learn through real-life examples, including landmark mercy petitions and commutation cases, how this power acts as a corrective tool in India’s legal system. Ideal for law students, aspirants, and legal professionals, Lawgnan offers concise, authoritative insights into key constitutional provisions and their practical implications.
