Article 72 | Power of Pardon - Indian Constitution

📜 Text of Article 72

(1) 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.

(2) 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.

(3) Nothing in clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

📖 Understanding the Clemency Power

Article 72 vests the President of India with the sovereign power of mercy and clemency. It acts as a safety valve against judicial errors, allowing the President to:

✔️ Pardon: completely absolves the convict from all sentences, punishments, and disqualifications.
✔️ Reprieve: temporary suspension of death sentence.
✔️ Respite: awarding a lesser sentence on special grounds (e.g., pregnancy, mental condition).
✔️ Remission: reducing the amount of sentence without changing its character.
✔️ Commutation: substitution of one form of punishment with a lighter form.

This power is exercised on the advice of the Union Council of Ministers but the President can consider mercy petitions independently. Landmark cases like Kezhavananda Bharati, Maru Ram, and Epuru Sudhakar have shaped its scope — it is subject to judicial review if arbitrary.

💡 Significance: Article 72 embodies the constitutional spirit of compassion, humanity, and the recognition that justice should not be devoid of mercy. It complements the judiciary and acts as the last resort for justice.

🏛️ Landmark Cases

K.M. Nanavati v. State of Bombay (1961) – President's power is exclusive, but can be exercised before or after judicial review.
Maru Ram v. Union of India (1981) – President must act on aid & advice; guidelines for remission.
Epuru Sudhakar v. Govt of AP (2006) – Judicial review available if pardon is arbitrary or malafide.
Kehar Singh v. Union of India (1989) – Scope of President's power under Article 72 is very wide and not amenable to strict judicial scrutiny except for limited grounds.

⚡ Quick Facts

📌 Unlike the US President, Indian President's pardoning power is not absolute; it's exercised on ministerial advice.
📌 Death sentence commutations are often examined under Article 72 after SC verdict.
📌 Mercy petitions can take years; around 30+ mercy pleas disposed annually on average.

🎯 Accessibility Note

🔊 Voice reader ready: Select your preferred voice from the dropdown (supports high-quality natural TTS). Optimized for visually impaired and inclusive design.

🇮🇳 Article 72 of the Indian Constitution

📜 Text of Article 72

📖 Understanding the Clemency Power

🏛️ Landmark Cases

⚡ Quick Facts

🎯 Accessibility Note

📚 You Might Also Like