In India, the President is vested with the power to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute the sentence of any person convicted of any offense. This power is derived from Article 72 of the Constitution of India.
Article 72: Pardoning Power of the President:
1. Scope of the Power:
Article 72 empowers the President to exercise the pardoning power in the following ways:
- Pardon: Completely absolving the convict of the offense.
- Reprieve: Temporary suspension of the execution of the sentence, particularly in cases of capital punishment.
- Respite: Awarding a lesser punishment instead of the one awarded.
- Remission: Reducing the quantum of the sentence without changing its nature.
- Commute: Substituting a more lenient form of punishment for a harsher one.
2. Nature of the Power:
- The pardoning power is an extraordinary power vested in the President. It is discretionary and can be exercised at any stage of the legal process, i.e., before, during, or after trial.
3. Grounds for Exercise of Power:
- The President can exercise the pardoning power on various grounds, including:
- Humanitarian Considerations: When there are humanitarian reasons justifying clemency.
- Mistakes of Fact or Law: If there are mistakes in the trial process, evidence, or application of law.
- Public Interest: If granting pardon serves the public interest or prevents a miscarriage of justice.
4. Consultation with the Council of Ministers:
- While the President has discretionary powers, it is customary to consult the Council of Ministers before exercising the pardoning power. The aid and advice of the Council of Ministers are crucial in the decision-making process.
5. Judicial Review:
- The exercise of the pardoning power by the President is subject to judicial review. The judiciary can examine the legality and propriety of the President’s decision in this regard.
6. Limitations on the Power:
- The President’s pardoning power does not extend to cases:
- Where the conviction is by court-martial.
- Imposing the death penalty awarded by a court-martial or the Supreme Court for an offense against a law to which the executive power of the Union extends.
7. Nature of Offenses:
- The President’s power can be applied to all types of offenses, including offenses against laws to which the executive power of the Union extends.
8. Posthumous Pardon:
- The President can grant a posthumous pardon if the circumstances warrant it, even after the death of the person convicted.
9. Role in the Criminal Justice System:
- The pardoning power plays a vital role in the criminal justice system by providing a safety valve against miscarriages of justice or excessive punishments.
10. Public Sentiment:
- While the President’s decision is based on legal and humanitarian grounds, it may also consider public sentiment and opinion.
Conclusion:
- The pardoning power of the President is a crucial constitutional safeguard to prevent miscarriages of justice and provide relief in exceptional cases. It underscores the balance between the judicial process and the need for compassion and mercy in appropriate circumstances.
