Join 60,000+ competitive exam aspirants
Which Article of the Indian Constitution empowers the President to grant pardons?
Article 72
Article 61
Article 123
Article 143
Article 72
Article 72 of the Indian Constitution grants the President of India the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offense. This power is independent of the judiciary and is exercisable in cases involving Union laws, court-martial sentences, or death sentences.
Article 72 of the Indian Constitution grants the President of India the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offense. This power is independent of the judiciary and is exercisable in cases involving Union laws, court-martial sentences, or death sentences.
Article 72 forms the cornerstone of the President's judicial powers under Part V of the Indian Constitution.
Pardoning powers extend to all cases where the sentence is by a Court Martial.
The President can grant pardons for all offenses against laws relating to a matter to which the executive power of the Union extends.
The power includes pardoning a death sentence, which is exclusive to the President and not available to Governors.
Article 161 provides similar pardoning powers to the Governors of States, but they cannot pardon a death sentence.
Pardoning power is an executive power and is not a matter of right for the convict; it is subject to judicial review only if the decision is arbitrary or mala fide.
Article 61 deals with the procedure for the impeachment of the President.
Article 123 empowers the President to promulgate ordinances during the recess of Parliament.
Article 143 deals with the power of the President to consult the Supreme Court on matters of public importance.
A is correct тАФ Article 72 empowers the President to grant pardons, reprieves, or remissions of punishment in specific judicial cases.
Always contrast Article 72 (President) with Article 161 (Governor) as this is a favorite trap for examiners; specifically note that Governors cannot pardon death sentences or court-martial cases.