Article 72 of the Indian Constitution empowers the President to grant pardons to individuals who have been tried and convicted of offenses in three specific circumstances:
- Against Union Law: The President can grant pardons when the punishment or sentence is for an offense against a law of the Union.
- By a Court Martial: The President can grant pardons for sentences delivered by a court martial (military court).
- Sentence of Death: The President can grant pardons for sentences of death.
The pardoning power of the President is an executive power independent of the judiciary. When exercising this power, the President does not act as a court of appeal; instead, the power serves two purposes:
(a) Correcting Judicial Errors: It keeps the door open for correcting any judicial errors in the application of law.
(b) Providing Relief: It provides relief from a sentence that the President considers unduly harsh.
Types of Pardons Granted by the President:
- Pardon: A full pardon removes both the sentence and the conviction, absolving the convict from all sentences, punishments, and disqualifications.
- Commutation: Commutation involves substituting one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment.
- Remission: Remission reduces the length of the sentence without changing its character. For example, a two-year sentence of rigorous imprisonment may be remitted to one year.
- Respite: Respite involves awarding a lesser sentence in place of one originally imposed due to special circumstances, such as the convict's physical disability or a woman's pregnancy.
- Reprieve: Reprieve implies a temporary stay of the execution of a sentence, particularly a death sentence, to allow the convict time to seek pardon or commutation.
Pardoning Power of the Governor:
Under Article 161 of the Constitution, the governor of a state also possesses the power to grant pardons, reprieves, respites, remissions, or suspend, remit, and commute sentences of individuals convicted of any offense against state law. However, the governor's pardoning power differs from that of the President in two key respects:
- Military Courts: The President can pardon sentences inflicted by court martial (military courts), whereas the governor cannot.
- Death Sentence: The President can pardon death sentences, while the governor cannot. Even if a state law prescribes a death sentence, the power to grant a pardon lies with the President, not the governor. Nonetheless, the governor can suspend, remit, or commute a death sentence, which means that both the governor and the President have concurrent powers concerning the suspension, remission, and commutation of death sentences.