Question

The pardoning power given to the President of India under Article 72 can be exercised ___________
A.Only after the trial and on the sentence of conviction
B. During or after trial but never before trial
C. At any time before, during or after the trial
D. Either before or after the trial but never during the trial of the case

Answer 1

Hint: Pardoning is a government’s decision to allow a person to be absolved of guilt for a legal offence or any other alleged crime.

Complete Step by Step Answer: Pardons are sometimes offered to people who claim that they were wrongfully convicted or were wrongfully convicted. It is also granted when people are deemed to have demonstrated that they have already paid their debt to society or are otherwise considered to be deserving of them. Pardon at times is also seen as a mechanism for combating corruption.
The President of India, under Article 72 of the Indian Constitution can grant a pardon or reduce a convicted person’s sentence, particularly in cases including capital punishment. The article further explains that the President has the power to respites, reprieves or remission of punishment or to suspend, commute or remit the sentence of a person convicted of any offence.
Now, let us examine the options
Option A – The President can only grant pardons to people who have been tried and are convicted of any offence, not before that.
Option B – The President cannot grant pardon during the trial, but it can only grant pardon after the person has been tried or convicted.
Option C – No the President can only grant pardons to people who have been tried and are convicted of any offence, not before that as per Article 72 of the Constitution.
Option D – This option is not valid as such a provision is not backed by the Constitution. Also, the President can only grant pardons to people who have been tried and are convicted of any offence, not before that.
Hence, based on the above-mentioned points, the correct option is ‘A’.

Note: Do not get confused with the powers of the President and with that of the Governor. The Governor of a State also has a similar power which is elucidated in Article 161 of the Indian Constitution. So as to answer this question, you need to be well versed with the Articles of the Indian Constitution.