Overview and Constitutional Basis:
The Pardoning Powers of the President are provided under Article 72 of the Constitution of India. This Article empowers the President to grant pardons, reprieves, respites, remissions, and commutations of punishment. These powers apply to cases where the punishment is given under (1) a Union law, (2) by a court-martial, or (3) in cases where the sentence is a death penalty. The rationale behind this power is to correct possible judicial errors, show mercy, and uphold the humanitarian values of the Constitution. It acts as a constitutional check on the judiciary and symbolizes the President’s role as the supreme protector of justice and mercy in exceptional circumstances where legal justice may be too harsh.
Scope and Legal Provisions:
Under Article 72(1), the President’s pardoning power includes five types: (i) Pardon – completely absolves the offender, (ii) Reprieve – temporarily suspends punishment, (iii) Respite – reduces punishment due to special circumstances, (iv) Remission – lessens the severity or duration of punishment, and (v) Commutation – substitutes one form of punishment for a lighter one. The President exercises these powers on the aid and advice of the Council of Ministers as per Article 74(1). However, this power is subject to judicial review, meaning courts can examine whether the power was exercised arbitrarily or with malafide intentions. This ensures the pardoning power is used justly, balancing compassion with constitutional responsibility.
Significance and Constitutional Importance:
The pardoning power is vital for the protection of individual rights and promotion of social justice. It provides a final humanitarian safeguard against possible miscarriage of justice, especially in cases of death penalty or wrongful conviction. It also upholds the principle of reformation, acknowledging that punishment should aim to reform rather than merely punish. The President’s exercise of this power demonstrates the blend of justice and mercy that the Constitution aspires to maintain. Thus, Article 72 ensures that the executive retains a moral and constitutional mechanism to mitigate the harshness of law when exceptional circumstances demand compassion and fairness.
Real-Time Example:
A notable example is the Kehar Singh case (1989), where the convict in the Indira Gandhi assassination case sought presidential pardon under Article 72. The Supreme Court upheld that the President could examine the entire case and evidence before deciding on clemency. Another instance is the Rajiv Gandhi assassination convicts’ mercy petitions, where the President and later the Governor exercised clemency after prolonged judicial and administrative review. These examples illustrate how the pardoning power serves as a final constitutional safeguard to ensure justice is tempered with mercy.
Mnemonic to Remember:
Mnemonic: “PRRRC – Pardon, Reprieve, Respite, Remission, Commutation”
- P = Pardon – complete forgiveness
- R = Reprieve – temporary suspension
- R = Respite – reduced punishment due to special reasons
- R = Remission – shortening of sentence duration
- C = Commutation – substituting a lighter punishment
The mnemonic “PRRRC” helps recall the five types of pardoning powers under Article 72, making it easy to remember the scope and effect of the President’s constitutional mercy powers.
About lawgnan:
Dive into the Pardoning Powers of the President under Article 72 of the Indian Constitution at Lawgnan.in. Learn how the President’s mercy jurisdiction functions as a constitutional safeguard against judicial errors through powers like pardon, reprieve, respite, remission, and commutation. Explore landmark cases such as Kehar Singh and Rajiv Gandhi assassination to understand the delicate balance between justice and compassion. Ideal for law students, judiciary aspirants, and UPSC candidates, this resource provides clear insights into the scope, significance, and limitations of Article 72. Visit Lawgnan today to deepen your knowledge of executive clemency and constitutional justice.
