Answer By law4u team
Constitution Of India Article 72: Power of President to Grant Pardons, Suspend, Remit, or Commute Sentences
(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.
NOTE
1. The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Brief Detail
Article 72 empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences in certain cases. These powers are applicable in cases of Court Martial, laws under the Union's executive power, and sentences of death. However, the powers of the Armed Forces and Governors to remit or commute sentences are unaffected.
Question & Answers
What is the scope of the President's power under Article 72?
The President can grant pardons, respites, and remissions, or commute sentences for offenses related to Court Martial, Union laws, or death sentences.
How does Article 72 differentiate between the powers of the President and the Governors?
While the President's power includes death sentences and Court Martial cases, the Governors also retain their power to suspend, remit, or commute death sentences under State laws.
Example
If a person is sentenced to death under a law falling under the Union's jurisdiction, the President can commute the sentence to life imprisonment or grant a pardon, effectively absolving the person of the crime.
Summary
Article 72 provides the President with extraordinary powers to intervene in judicial punishments, including granting pardons and commuting sentences, especially in matters of Court Martial, Union laws, and death sentences, while safeguarding the rights of Governors and Armed Forces authorities.
