Pardoning power of the President (Article 72)
Let’s begin with a simple question:
👉 “If the courts have already given a fair trial and punishment, why should the President be allowed to interfere?”
The answer lies in the philosophy of mercy — sometimes, even law needs compassion.
This is why our Constitution gives the President the power to pardon or reduce punishments.
⚖️ What is this Power?
Article 72 empowers the President to grant pardons and other forms of clemency in three categories of cases:
1️⃣ When punishment is for an offence against a Union Law.
2️⃣ When punishment is by a court martial (military court).
3️⃣ When the sentence is a death sentence, irrespective of whether it’s under Union or State law.
Thus, the President can even intervene in capital punishment cases — the most serious of all.
🎯 Purpose of Pardoning Power
The President’s pardoning power is independent of the Judiciary — it’s not an appeal or a review.
It’s based on humanitarian and constitutional grounds.
Two main objectives:
1️⃣ To correct judicial errors (because even judges can go wrong).
2️⃣ To show mercy in cases where the punishment seems too harsh or where the person deserves a second chance.
It can be said that:
“The President is not judging legality — he is judging humanity.”
🧩 Forms of Pardoning Power
The President’s clemency can take five forms, each with a specific meaning and effect:
| Form | Meaning | Example |
|---|---|---|
| 1. Pardon | Completely absolves the person — both the punishment and conviction are erased. | The convict is treated as innocent. |
| 2.Commutation | Substitution of one punishment with a lighter form. | Death → life imprisonment; rigorous → simple imprisonment. |
| 3. Remission | Reduction in period of sentence without changing its nature. | 10 years imprisonment → 5 years imprisonment. |
| 4. Respite | Lesser sentence due to special circumstances, like disability or pregnancy. | A pregnant woman’s death sentence → life imprisonment. |
| 5. Reprieve | Temporary stay of execution — gives time to seek mercy or judicial review. | Stay on a scheduled hanging to allow appeal. |
So, the pardon is total forgiveness,
while the others are partial relaxations in severity, period, or timing.
🧭 Pardoning Power of the Governor (Article 161)
The Governor also has pardoning powers for State Laws, but there are two important differences from the President:
| Area | President (Art. 72) | Governor (Art. 161) |
|---|---|---|
| Court Martial | Yes | No |
| Death Sentence | Can grant full pardon | Cannot pardon, but can suspend, remit, or commute |
So, both can reduce or suspend a death sentence,
but only the President can completely pardon it.
⚖️ Judicial Interpretation — Key Cases
(1) Maru Ram v. Union of India (1980)
- The Supreme Court clarified that the President’s power is exercised on the advice of the Union Cabinet, not personally.
- It also held that this power is subject to judicial review if exercised mala fide (in bad faith) or arbitrarily.
(2) Kehar Singh v. Union of India (1988)
(This was after Kehar Singh’s conviction in the Indira Gandhi assassination case.)
The Supreme Court laid down key principles:
1️⃣ The convict has no right to oral hearing before the President.
2️⃣ The President can re-examine the evidence afresh, independent of the court’s view.
3️⃣ The power is exercised on the aid and advice of the Council of Ministers.
4️⃣ The Court will not interfere unless the President’s decision is irrelevant, irrational, mala fide, or discriminatory.
✅ So, while the President acts on ministerial advice, the power itself is constitutional, not mechanical — it must be used judiciously and compassionately.