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In Short: Pardon Power of President , Procedure and Judicial Stance

In Short: Pardon Power of President , Power of President , Procedure and Judicial Stance

⚡️ President's pardon power ⚡️


Pardon power of President


Commutation - Changing the nature of punishment such as committing capital punishment to harsh imprisonment.

Remission - Changing the duration of a sentence like a rigorous imprisonment of 2 years to a rigorous imprisonment of 1 year.

Respite - Reduction of punishment due to special circumstances such as physical disability or pregnancy of women.

Reprieve - The process of postponing a sentence for some time, such as avoiding a hanging for some time.

Pardon - Forgiven - This technically means that the crime never happened.

♦ The Governor of the state has also been granted the power of pardon by Article 161 of the Constitution.


💠 The Governor holds this power with reference to the person convicted in the crime against the law of the state.

💠 The Governor does not have the right to pardon the death penalty.

💠 The Governor can suspend the death penalty, reduce the punishment period and change the nature of the punishment.


♦ ️ President's Pardon Procedure


 This process starts by filing a mercy petition with the President under Article 72 of the Indian Constitution.
After this, it is sent to the Ministry of Home Affairs to consider the petition, after which the concerned state government is consulted.

The petition is sent back to the President after consultation on the recommendation of the Minister.

♦ Objective of embroidery


A pardon can help protect an innocent person from being punished due to a court mistake or in cases of suspicious punishment.

There are two forms of this power received by the President: -
1. To rectify judicial mistake in the use of law. You are reading GK tricks on Telegram channel.

2. If the President considers the nature of punishment more stringent then to defend it.


♦ Judicial Stance on Possession Powers


The Constitutional Bench of the Supreme Court of India in Maru Ram v. Union of India (1980) said that the power under Article 72 should be exercised on the advice of the Central Government and not by the President at his discretion and binding this advice to the President. is.