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Constitution of India · Section Article 72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 72 — Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

  1. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

  • (a) in all cases where the punishment or sentence is by a Court Martial;

  • (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

  • (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor 1*** of a State under any law for the time being in force.

Plain English Summary

This article gives the President of India the power to decide on punishments for certain serious crimes. Specifically, the President can pardon people, reduce their sentences, or change their sentences in specific situations, such as death sentences or sentences from a Court Martial.

Key Points

  • The President can grant pardons, reprieves (temporary relief), respites (postponement), or remissions (reduction) of punishment.
  • This power applies to sentences given by a Court Martial, sentences for offenses under central laws, and sentences of death.
  • The power granted to the President does not affect the powers of military officers in Court Martial cases.
  • The Governor of a State retains the power to deal with death sentences under their own state laws.

Why It Matters

This article serves as a crucial mechanism for mercy and justice, allowing the highest office of the land to intervene in severe judicial decisions when necessary.

Landmark Judgements

No major landmark judgements.

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