UPSC Express

The Constitution of India grants clemency powers to the President and the Governors of States, respectively through Articles 72 and 161 of the Constitution of India. These powers are to allow for correction of any possible judicial errors and to provide relief to those they regard as being punished unduly harshly.

Pardoning powers of the President:

• Under Article 72(1) of the Constitution, the President is empowered to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any individual who has been convicted of offences in all cases where:

1. 1. In all cases where the punishment or sentence is by a Court Martial;
   2. 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;
   3. In all cases where the sentence is a sentence of death.

The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161. The power differs in the following two ways:

• The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial, but Article 161 does not provide any such power to the Governor.
• The President can grant pardon in all cases where the sentence given is sentence of death, but pardoning power of Governor does not extend to death sentence cases.

The pardoning power of President and Governor is bound by the advice of their respective Councils of Ministers. The Supreme Court held that the pardoning power is subject to judicial review in case of mala fide, irrelevant, irrational or discriminating pardons.