Power of the President to Pardon (with Case Laws)

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📜 Constitutional Provision

• The power is given under: Article 72 of the Constitution of India

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⚖️ Meaning

The President has the power to grant clemency (mercy) to a person convicted of an offence.

👉 It is a judicial power exercised by the executive to ensure justice, fairness, and humanity.

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🧾 Types of Pardoning Powers

1. Pardon

   • Completely removes punishment and conviction

2. Commutation

   • Changes punishment to a lighter one
   • (e.g., death → life imprisonment)

3. Remission

   • Reduces the duration of sentence

4. Respite

   • Awards lesser sentence due to special conditions (e.g., pregnancy)

5. Reprieve

   • Temporary stay of execution (especially in death penalty cases)

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🏛 Scope of Power

President can grant pardon in cases:

1. Court Martial cases
2. Offences under Union laws
3. Death sentence (in all cases)

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⚖️ Nature of Power

• Exercised on aid and advice of Council of Ministers
• Not absolute → subject to judicial review (limited)

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⚖️ Key Case Laws

📌 Maru Ram v. Union of India

• Held:

  • President must act on ministerial advice
  • Power is not personal discretion

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📌 Kehar Singh v. Union of India

• Held:

  • President can examine merits of the case
  • Can review evidence independently

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📌 Epuru Sudhakar v. Government of Andhra Pradesh

• Held:

  • Pardoning power is subject to judicial review

  • Can be challenged if:

    • Mala fide
    • Arbitrary
    • Based on irrelevant considerations

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📌 Shatrughan Chauhan v. Union of India

• Held:

  • Delay in deciding mercy petition can be a ground to commute death sentence

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⚠️ Limitations

• Cannot be arbitrary
• Must follow constitutional principles
• Subject to judicial review in limited cases

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🔑 Importance

• Acts as a safety valve against judicial errors
• Ensures justice with mercy
• Reflects humanitarian values

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🔁 Comparison (Quick Note)

President	Governor
Article 72	Article 161 of the Constitution of India
Can pardon death sentence	Cannot pardon death sentence
Covers Union laws	Covers State laws

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🧠 One-Line Exam Ratio:

👉 The President’s pardoning power under Article 72 is a constitutional safeguard to prevent miscarriage of justice, subject to limited judicial review.

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🧠 Memory Trick:

👉 “CRRRP”

• Commutation
• Remission
• Respite
• Reprieve
• Pardon