Under the Constitution of India, Article 72 provides the President with the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute any person’s sentence convicted of an offence where the sentence is death. However, this power is not absolute and comes with certain constraints. According to Supreme Court rulings in several cases including Maru Ram vs Union of India in 1980, and Dhananjoy Chatterjee vs State of West Bengal in 1994, the President cannot exercise his power of pardon independent of the government and has to act on the advice of the Council of Ministers.
A Look at the Pardon Procedure
When a mercy plea is made, it is forwarded by Rashtrapati Bhawan to the Home Ministry, which seeks the Cabinet’s advice. The Ministry then forwards this to the concerned state government, and based on the response, formulates its advice on behalf of the Council of Ministers. While the President is bound by the Cabinet’s advice, Article74 (1) empowers him to return it for reconsideration once. If the Council of Ministers decides against any change, the President has to accept it.
Pardoning Powers of the Governor
As per Article 161 of the Indian Constitution, the Governor also holds the power to pardon. However, the scope of the Governor’s pardoning power is more limited than that of the President’s.
Difference Between Pardoning Powers of President and Governor
There are two major differences between the pardoning powers of the President and Governor. Firstly, while the President can grant pardons in cases where the punishment or sentence is by a Court Martial, Article 161 does not provide the Governor with any such power. Secondly, the President has the power to grant pardons in all cases where the sentence is death, yet the Governor’s pardoning powers do not extend to cases involving the death sentence.
Key Terms Related to Pardoning Powers
There are several key terms related to these powers that are worth knowing. A ‘Pardon’ completely removes both the sentence and the conviction, absolving the convict from all sentences, punishments, and disqualifications. ‘Commutation’ is the substitution of one form of punishment for a lighter form, often seen when a death sentence is commuted to rigorous imprisonment. ‘Remission’ means reducing the period of sentence without changing its character. ‘Respite’ refers to awarding a lesser sentence due to special circumstances such as the pregnancy of a woman offender or the physical disability of a convict. Lastly, a ‘Reprieve’ indicates a stay of the execution of a sentence for a temporary period, giving the convict time to seek pardon or commutation from the President.
Last Modified: February 15, 2024