Actual Article
Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
- 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. - 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.
- Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a death sentence exercisable by the Governor of a State under any law for the time being in force.
UPSC Notes for Article 72
Explanation:
- Pardoning Power: Article 72 grants the President of India the authority to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences.
- Scope of Power:
- Court Martial Cases: Includes cases where the punishment is by a court martial.
- Union Law Offences: Pertains to offences under laws related to the executive power of the Union.
- Death Sentences: Specifically includes cases involving death sentences.
- Armed Forces: The power of military officers to commute sentences by a court martial is not affected.
- Governor’s Power: The Governor of a state retains the power to commute death sentences under state laws.
Key Points:
- Executive Clemency: Ensures a mechanism for mercy, adding a human touch to the justice system.
- Military Justice: Covers special provisions for court martial cases, ensuring justice within the Armed Forces.
- Federal Structure: Maintains the balance of power between the President and the Governors regarding death sentence commutations.
Important Cases and Commissions Related to Article 72
Cases:
- Kehar Singh vs. Union of India (1989): The Supreme Court ruled that the President’s pardoning power under Article 72 is subject to judicial review.
- Epuru Sudhakar vs. Government of Andhra Pradesh (2006): Reaffirmed that clemency powers are not beyond judicial scrutiny, especially if exercised arbitrarily or malafidely.
Commissions:
- National Commission to Review the Working of the Constitution (2000): Reviewed the scope and application of the President’s pardoning powers, suggesting guidelines for a more structured process.
- Law Commission of India: Recommended procedural reforms to enhance transparency and accountability in the exercise of pardoning powers.
Important Reports Related to Article 72
- Law Commission Reports: Include detailed discussions on the need for procedural safeguards and the potential for misuse of clemency powers.
- Parliamentary Committee Reports: Examine the effectiveness and efficiency of the President’s pardoning powers, often suggesting legislative oversight mechanisms.
Previous Year Prelims Questions Related to Article 72
- (UPSC Prelims 2014) Which of the following powers is NOT granted to the President of India under Article 72?
- A. Granting pardons
- B. Suspending sentences
- C. Remitting sentences
- D. Declaring laws unconstitutional Correct Answer: D. Declaring laws unconstitutional
- (UPSC Prelims 2016) The power to grant pardons, reprieves, respites, or remissions of punishment by the President of India under Article 72 extends to:
- A. Cases where the punishment is by a court martial
- B. Offences against Union law
- C. Death sentences
- D. All of the above Correct Answer: D. All of the above
Previous Year Mains Questions Related to Article 72
- Mains 2015: “Discuss the scope and limitations of the President’s power to grant pardons under Article 72 of the Indian Constitution. How does judicial review act as a check on this power?”
- Mains 2018: “Analyze the significance of the President’s power to grant clemency under Article 72. How does it reflect the humanitarian aspect of the Indian justice system?”
Additional Insights:
- Humanitarian Aspect: Article 72 introduces a humanitarian element into the justice system, allowing for mercy in deserving cases.
- Checks and Balances: While the President has broad clemency powers, the possibility of judicial review ensures these powers are not misused, maintaining a balance between mercy and justice.
- Military and Civil Cases: The article distinguishes between military and civil cases, ensuring that special considerations are given to those tried under court martial.
Understanding Article 72 is crucial for UPSC aspirants as it highlights the balance between executive mercy and judicial scrutiny in the Indian justice system. This knowledge is essential for both preliminary and main examinations, providing insights into the constitutional powers and their implications on governance and justice.