Skip to main content

Pardoning Powers of President

 


Introduction:

  • The Constitution of India conferred the power on the President of India and the Governors of the States by Articles 72 and 161 respectively.
  • A pardon is an act of mercy, forgiveness, and clemency.
  • The concept of pardon is an artefact of older times, of an age where an omnipotent monarch possessed the power to punish or remit any punishment.
  • In India, the power to pardon is a part of the Constitutional scheme.
  • The Power of pardon exists to prevent injustice, whether from harsh, unjust laws or from judgments which result in injustice; hence the necessity of vesting that power in an authority other than the judiciary has always been recognised.

When can the President use his Pardoning Powers?

The President can use any one of the pardoning powers in the cases mentioned below:

  1. When he is considering a case of punishment against a person who has committed an offence against a Union Law
  2. When he is considering a case of punishment where the latter is given by the court-martial or military court
  3. When he is considering a death sentence.

What are the Pardoning Powers of the President?

As mentioned above, there are five types of Pardoning Powers of the President. Read about each below in the table:

Types of Pardoning Powers of the President
S.No.   Type                                     Detail                                               
1.Pardon                                         When the President pardons, both the sentence and the conviction of the convict completely absolve the sentences, punishments and disqualifications
2.RespiteWhen the President uses the pardoning power of ‘Respite’, he chooses to award a lesser sentence in place of one originally awarded to the convict. For example, due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender, the President can use this power
3.ReprieveWhen the President chooses the pardoning power of ‘Reprieve’; he stays the execution of a sentence (especially that of death) for a temporary period. By doing this, he enables the convict to have time to seek pardon or commutation from him
4.RemitWhen the President chooses the pardoning power of Remit, he acts to reduce the period of the sentence but the character of the sentence remains the same. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year but the imprisonment remains rigorous
5.CommuteWhen the President chooses to use this pardoning power of ‘Commute; he substitutes one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment.

 

Comments

Post a Comment

Popular posts from this blog

List of Documents Required for JMFC EXAM

Candidates preparing for JMFC keep copies of the followings documents List of documents: Graduation and LL.B:  Fresher Candidates- 1. Std. X mark sheet and passing certificate. 2. Std. XII mark sheet and passing certificate. 3. Graduation : last year mark sheet, passing          certificate, degree certificate 4. LLB and B.SL. LL.B. :       • Each SEMESTER mark sheet      • Final year passing certificate      • Third year passing certificate and final year passing certificate for 5 yr course students      • Degree certificate       • Sanad 5. Enrollment Id card 6. Domicile 7. Translation certificate given by College ( after prelims ) 8. LLM:       • Each year mark sheet       • Final year passing certificate      • Degree certificate (if you have)  9. Caste certificate and Non - creamy layer certificate for student appearing as Non creamy layer.  FOR PRACTITIONER :  1. Std. X mark sheet and passing certificate. 2. Std. XII mark sheet and passing certificate. 3. Graduation : last ye
1 comment
Read more

Does caste change after marriage?

* A woman’s caste does not change after marriage. Caste is determined by birth. By default , the father’s caste is the child's caste. Marriage does not alter the caste of someone. So, OBC lady cannot become a SC just because she married a SC male. However, the children of them will belong to SC as the father is a SC. However, there are certain exception in case child of such wedlock ( father UR but mother Reserved) who is raised in reserved community and separated or absence of father presence, he may be treated reserved as per mother caste. There are many exceptions : 1. When orphan child is adopted by mother of reserve caste. 2. When generation of Indian father of reserve caste live outside of India ( with no caste system) and when grand children return to India which caste they will be.
3 comments
Read more

What is the difference between 'sin' and 'offence' ?

Sin is an immoral, bad, unethical and unlawful thing in the eyes of society.  Offence is an unlawful and illegal act or omission which is punishable by the law.  Adultery, prostitution, sex before marriage, eating animals these some of things are considered as sin in the Indian society. But sin is not punishable by the law. The man who commits sin is responsible to the god.  Murder, rape, bigamy, theft, violation of traffic rules these are the some offences. These offences are punishable by law with capital punishment, imprisonment or by fine.  Sin is not a crime. The role of police and judge starts when sin becomes an offence. When it's a sin, it can not be questioned. Police and judge can not take cognizance of sin. A person responsible for sin is answerable before the Supreme Lord of the universe on the day of judgement.
Post a Comment
Read more