Pardoning Power of President of India: Types, Articles, Cases, Significance

Pardoning Power of President: The Constitution of India provides several powers to the President. One of the most important powers is the Pardoning Powers. It can be used by the President of India to pardon a person who has been punished by the court. These provisions are aimed at ensuring justice with mercy.

Pardoning Power of President in India helps ensure fairness, or rectifying any judicial errors. It makes sure that punishment does not become too harsh. These provisions include the powers to pardon, commute, remit, respite, and reprieve any sentence. 

What is Pardoning Power of President?

Pardoning power refers to the right to reduce or forgive the punishment of a person found guilty of a crime and given a sentence. It provides a second chance to individuals who have committed any crime or rectify any judicial error made.

This power is provided by the Constitution of India under Article 72. It allows the President to act as the last hope for someone who has been punished by the courts. The pardoning power of President applies to the following cases:

• Cases where punishment is given by a court-martial (military court).

• Cases where the punishment is a death sentence.

• Cases where the punishment is for breaking a central law.

Types of Pardoning Powers

There are several ways that the President of India can use their Pardoning Powers. The pardoning power of president article 72 of the Indian Constitution are divided into five main types. They are provided in the table below:

Role of President in Pardoning

The President does not decide to pardon someone alone. It acts on the advice of the Council of Ministers headed by the Prime Minister. This means the final decision is made by the government, and the President approves it. The President’s role is very important because it demonstrates the highest level of mercy in the country.

Pardoning Power of President and Governor

Both the President of India and the Governors of states have the power to grant pardons, but their scope and authority are different. 

• The President’s pardoning power is provided under Article 72, whereas the Governor’s pardoning power is provided under Article 161 of the Indian Constitution.

• The President can pardon people convicted under federal laws, military court punishments, and even death sentences, whereas the Governor’s power is limited to people convicted under state laws. 

• The Governor cannot pardon a death sentence, but can reduce or change the punishment into a lighter form, like remission or commutation.

• Both the President and the Governor exercise these powers on the advice of their respective governments, the Union Council of Ministers at the central level and the State Council of Ministers at the state level. 

• While the President acts as the final guardian of mercy at the national level, Governors provide relief within the states under their authority.

Historical Cases of Pardoning in India

There have been many cases where the President of India used the pardoning power. Some of the most important cases where the President of India used pardoning powers are provided in the table below:

Significance of Pardoning Power of President

The pardoning power plays a very important role in India. The significance of the pardoning powers of the President in India is as follows:

• Acts as a safety valve: There are certain instances where the courts may make mistakes or give very harsh punishments. The pardoning power helps correct such errors.

• Shows mercy and compassion: The law must be strict, but it should also be kind when needed. Pardoning power helps balance justice with humanity.

• Protects human rights: In some instances, a person may have changed for the better after many years in jail. The pardoning power gives them a chance to live a new life.

• Strengthens democracy: It ensures that justice is not only about punishment but also about fairness.

• Helps in special situations: People who are sick, very old, or have special conditions can get relief through pardoning.

Criticism around Pardoning Power of President

The pardoning power of President in India adds a human touch to justice. It shows that mercy is also a part of justice. This is why many leaders say that the power to pardon is not about law only, but about morality and compassion too. Even though the pardoning power is important, it also faces some criticism, such as:

• Sometimes, mercy petitions take many years to be decided.

• In some cases, political pressure may affect the decision.

• Victims’ families may feel that pardoning reduces the seriousness of the crime.

• It has been witnessed that the pardoning powers are also abused by the party in power to align with the narrative set by them during elections.