Pardoning Power of President (Article 72) — Easy & Detailed
First understand: What is Pardoning Power?
Sometimes a person is:
convicted by court
given punishment
But later government may feel:
punishment too harsh
special situation exists
justice error possible
So Constitution gives President power to reduce or remove punishment.
👉 This is called Pardoning Power.
When can President use this power? (3 situations)
President can grant pardon if case involves:
1️⃣ Offence against Union law
2️⃣ Court martial (military court) punishment
3️⃣ Death sentence (any law)
Example for each
Union law case:
Person convicted under Income Tax Act → President can pardon
Court martial:
Army soldier punished by military court → President can pardon
Death sentence:
Murder convict given death → President can pardon
Important: President is NOT acting as court
President does NOT re-try case like judge.
Purpose:
Correct possible judicial error
Give mercy in harsh cases
Types of Pardoning Power (5 forms)
This is where students confuse — so let’s make very clear 👇
1️⃣ Pardon
Meaning
Complete forgiveness.
Conviction removed
Punishment removed
Person treated as innocent
Example
Person sentenced to death.
President grants pardon.
Result:
No execution
No punishment
No criminal record effect
Person fully free.
2️⃣ Commutation
Meaning
Change punishment to lighter type.
Type changes.
Example
Death → Life imprisonment
Life imprisonment → 10 years jail
Rigorous → Simple imprisonment
So punishment form reduced.
3️⃣ Remission
Meaning
Punishment type same
But duration reduced.
Example
10 years rigorous imprisonment → 5 years rigorous imprisonment
Type same
Period reduced
4️⃣ Respite
Meaning
Lighter punishment due to special condition of convict.
Example
Pregnant woman sentenced to jail.
President orders:
Instead of jail → fine or shorter sentence.
Because special condition.
5️⃣ Reprieve
Meaning
Temporary stay of punishment execution (usually death).
Purpose: give time for mercy appeal.
Example
Execution fixed tomorrow.
President grants reprieve.
Execution postponed.
Convict gets time to seek pardon.
Quick comparison table (very useful)
| Power | What changes | Example |
|---|---|---|
| Pardon | Everything removed | Death → free |
| Commutation | Type reduced | Death → life |
| Remission | Time reduced | 10y → 5y |
| Respite | Special lighter | Pregnant → lesser |
| Reprieve | Delay | Execution postponed |
Governor vs President Pardoning Power
Governor also has pardoning power (Art 161).
But President is stronger.
Difference 1 — Court martial
President ✔ can pardon
Governor ❌ cannot
Difference 2 — Death sentence
President ✔ can pardon
Governor ❌ cannot pardon
But Governor ✔ can:
suspend
remit
commute
death sentence.
So both share some power.
Important Case: Kehar Singh (1988)
Supreme Court clarified pardoning power.
Key points easy:
1️⃣ No right to personal hearing before President
2️⃣ President can re-examine evidence
3️⃣ President acts on Cabinet advice
4️⃣ No fixed guidelines needed
5️⃣ Limited judicial review allowed
What judicial review allowed?
Court can check only if decision is:
arbitrary
mala fide
irrational
discriminatory
Otherwise court cannot interfere.