Article 72 of Constitution of India – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Article 72 of Constitution of India deals with Article 72 of Constitution of India – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Original Text of Article 72 of Constitution of India
(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.
Questions related to Article 72 of Constitution of India
Article 72 gives the President the power to grant pardons, reprieves, respites, or remissions of punishment, especially in cases involving death sentences or offences under Union law in the Constitution of India.
While Article 72 grants wide powers, the President generally acts on the advice of the Council of Ministers. Courts, including those cited on Indian Kanoon, have clarified that this power is not entirely discretionary.
No, Article 72 specifically applies to cases involving punishment under Union laws, court-martial judgments, and death sentences, as outlined in the Articles of Indian Constitution.
Article 72 relates to the President’s powers, while Article 161 deals with the Governor’s power to grant pardons in cases involving state laws. Both articles reflect the federal nature of the Indian Constitution.
You can explore Indian Kanoon for key cases like Kehar Singh v. Union of India, where the Supreme Court discussed the scope and limitations of the President’s clemency powers under the Constitution of India.
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