Pardoning Power

Notes

Art. 72 empowers the President 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.

Forms of clemency

Pardon: removes both the sentence and the conviction, and the convict is freed from all penalties.
Commutation: replaces one form of punishment with a lighter one (e.g., death sentence to life imprisonment).
Remission: reduces the amount of the sentence without changing its character (e.g., 2 years to 1 year).
Respite: awards a lesser sentence in view of special circumstances (e.g., physical disability, pregnancy).
Reprieve: temporary suspension of a sentence, especially a death sentence, to allow the convict time to seek pardon or commutation.

Governor's power (Art. 161): pardon, reprieve, respite, remission, suspension or commutation for offences against State laws. The Governor cannot pardon a death sentence (he can suspend, remit or commute it) and has no power over Court Martial sentences.

Judicial pronouncements

Kehar Singh v Union of India (1989): the President may scrutinise the evidence and take a view different from that of the court; the petitioner has no right to an oral hearing; the President's decision is open to judicial review only on limited grounds.
Maru Ram v Union of India (1981): the power must be exercised on the advice of the Council of Ministers; applies to every sentence.
Epuru Sudhakar v Government of AP (2006): judicial review is available for mala fide, arbitrary or irrelevant considerations, and discrimination.
Shatrughan Chauhan v Union of India (2014): unexplained delay in deciding a mercy petition is a ground for commuting a death sentence; death-row prisoners have rights relating to mental health and legal aid.
No time limit applies to the President's decision, and reasons need not be given.
Pardoning power is executive; it cannot overturn the court's finding of guilt in the sense of annulling judgment, but changes its consequences.

Key Points

Art. 72 (President), Art. 161 (Governor).
Five forms: pardon, commutation, remission, respite, reprieve.
Only the President can pardon death sentences and Court Martial sentences.
Exercised on ministerial advice; limited judicial review.
Delay in deciding mercy petitions can lead to commutation (Shatrughan Chauhan).

MCQs

Q1. The pardoning power of the President is contained in: (a) Art. 71 (b) Art. 72 (c) Art. 73 (d) Art. 74 Ans: (b).

Q2. Which of the following is a power of the President but NOT of the Governor? (a) Commuting a sentence (b) Granting pardon in a death sentence case (c) Suspending a sentence (d) Granting remission Ans: (b).

Q3. Replacing a death sentence with life imprisonment is an example of: (a) Pardon (b) Remission (c) Commutation (d) Respite Ans: (c).