What is Article 72?
VerifiedAnswer: Power of President to grant pardons
Explanation:
Article 72 of the Indian Constitution grants the President the power to grant pardons, reprieves, respites, or remissions of punishment to persons who have been convicted of any offense. This provision establishes the President as the highest authority in matters of mercy and clemency in the country.
The President can exercise this power in cases where the punishment or sentence has been given by a court martial, where the punishment is for an offense against any law relating to a matter within the Union government's jurisdiction, or in all cases where the sentence is a death sentence. This power is discretionary and can be exercised independently by the President.
The different types of clemency powers include:
• Pardon - Complete forgiveness of the crime and punishment, treating the person as if they never committed the offense • Reprieve - Temporary suspension of the execution of a sentence, especially death sentence • Respite - Reducing the period of sentence without changing its character • Remission - Reducing the period of sentence without changing its character • Commutation - Substituting one form of punishment for another of a lighter form
This constitutional provision serves as an important check and balance in the judicial system, allowing for correction of judicial errors and providing hope for reformation. The President typically exercises this power on the advice of the Council of Ministers, ensuring that decisions are made after careful consideration of all relevant factors including the nature of the crime, circumstances of the case, and the possibility of the convict's reformation.
