Pardoning Power of the President of India for UPSC CSE Preparation

 

1. Introduction to the Pardoning Power of the President

The pardoning power of the President of India is enshrined under Article 72 of the Indian Constitution. It grants the President the authority to grant pardons, reprieves, respites, or remissions of punishment or to commute the sentence of any individual convicted of an offense under Indian law, especially in cases involving the death penalty. This power is exercised on the advice of the Council of Ministers and reflects the President's role as the guardian of justice and compassion​​.

 

 

2. Types of Pardoning Power

The pardoning power of the President encompasses the following types:

Pardon

• Definition: It absolves the offender from all legal consequences of the offense and the punishment.
• Impact: The conviction is completely erased, and all penalties and disqualifications are removed.

 

Reprieve

• Definition: It is a temporary suspension of the execution of a sentence, especially the death penalty, to allow the convict time to seek a pardon or commutation.
• Impact: It delays the execution but does not cancel the sentence.

 

Respite

• Definition: It reduces the quantum or nature of the punishment due to special circumstances, such as pregnancy or physical disability of the offender.
• Impact: The punishment is reduced, considering specific situations.

 

Remission

• Definition: It reduces the term of the sentence without changing its character.
• Impact: The duration of the sentence is reduced, but the nature of the punishment remains the same.

 

Commutation

• Definition: It substitutes one form of punishment with a lighter form.
• Impact: The punishment is altered, such as changing a death sentence to life imprisonment.

 

 

3. Objective of the Pardoning Power of the President

The pardoning power serves multiple purposes:

• Humanitarian Considerations: It provides a means for mercy and compassion in cases where the legal system may have been too harsh.
• Correcting Judicial Errors: It serves as a safety valve to correct potential judicial errors, acknowledging that the judicial system is not infallible.
• Facilitating Rehabilitation: It incentivizes good behavior among convicts by offering the hope of pardon, thus aiding in their rehabilitation.

 

 

4. Procedure for Pardoning

The procedure for exercising the pardoning power typically involves:

1.     Filing of a Mercy Petition: The convict or their representative submits a mercy petition to the President.

2.     Review by the Ministry of Home Affairs: The petition is reviewed by the Central Government, which consults with the relevant state government.

3.     Recommendation to the President: The Home Minister submits a recommendation to the President, who then makes the final decision​​.

 

 

5. Judicial Review of the Pardoning Power

The pardoning power is subject to judicial review in certain circumstances:

• Grounds for Review: Courts have held that the exercise of the pardoning power can be challenged on grounds such as arbitrariness, malafide intent, or irrelevant considerations.
• Landmark Cases:
• Maru Ram vs. Union of India: The Supreme Court held that the power should be exercised on the advice of the Central Government, not at the sole discretion of the President.
• Kehar Singh vs. Union of India: The Court held that the pardon power is an act of grace and not a matter of right, thus not justiciable​​.

 

 

6. Significance for UPSC

The pardoning power of the President is a key topic in Indian Polity for the UPSC examination. It is relevant for both Prelims and Mains, as it touches upon constitutional provisions, executive powers, and the role of the President as the guardian of justice.

 

 

7. Conclusion

The pardoning power of the President of India is a vital aspect of the country's constitutional framework, providing a balance between justice and mercy. It serves as a corrective tool, reflecting the humane aspect of governance and ensuring that legal rigidity does not overshadow compassion and fairness. Understanding this power is crucial for anyone studying Indian governance and legal systems, especially for aspirants preparing for the UPSC Civil Services Examination.

 

 

8. Practice MCQs on the Pardoning Power of the President of India for UPSC Preparation

1: Under which article of the Indian Constitution is the pardoning power of the President defined?

A) Article 70

B) Article 72

C) Article 74

D) Article 76

 

Answer: B) Article 72

Explanation: Article 72 of the Indian Constitution grants the President the power to grant pardons, respites, reprieves, remissions of punishment, or to commute the sentence of any person convicted of any offense.

 

2: Which type of pardoning power allows the President to completely absolve the offender from all the consequences of the offense?

A) Commutation

B) Reprieve

C) Pardon

D) Respite

 

Answer: C) Pardon

Explanation: A pardon is the complete forgiveness of the offense and the cancellation of the relevant penalties. It releases the individual from all punishments and legal consequences of the offense.

 

3: What is a 'reprieve' in the context of the pardoning powers of the President?

A) A reduction in the severity of the punishment without changing its nature

B) A temporary suspension of the execution of a sentence, particularly the death penalty

C) Substitution of a less severe form of punishment for a harsher one

D) A delay in the imposition of a sentence due to specific circumstances

 

Answer: B) A temporary suspension of the execution of a sentence, particularly the death penalty

Explanation: A reprieve is a temporary delay in the execution of a sentence to allow the offender time to seek further relief, such as a pardon or commutation from the President.

 

4: Which pardoning power involves reducing the length of a sentence without altering its nature?

A) Pardon

B) Commutation

C) Respite

D) Remission

 

Answer: D) Remission

Explanation: Remission refers to reducing the duration of the sentence without changing its character. For example, a two-year prison term could be reduced to one year, but it remains a prison term.

 

5: The exercise of the President's pardoning power is subject to which of the following?

A) Approval by the Prime Minister

B) Judicial review under certain conditions

C) Ratification by the Rajya Sabha

D) A public referendum

 

Answer: B) Judicial review under certain conditions

Explanation: The Supreme Court of India has held that the pardoning power of the President is subject to judicial review if there is any constitutional violation or if the exercise of power is arbitrary or mala fide.