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Article 72 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 72 - Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Part of the Constitutional Article

Part V

Article 72 of the Indian Constitution plays an important role in the criminal justice system by empowering the President the authority to intervene in legal matters. Article 72 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 any offence.

Interpretation of Article 72 of Indian Constitution

Article 72 of the Constitution states - “1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

  • in all cases where the punishment or sentence is by a Court Martial
  • in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends
  • in all cases where the sentence is a sentence of death.

2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed forces of the Union to suspend, remit or commute a sentence by a court martial.

3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.”

Article 72 of the Constitution -

  • Pardon: It is a formal act of forgiveness that absolves an individual from the legal actions of their offence. It can be granted either before or after a conviction.
  • Reprieve: It temporarily halts the enforcement of a sentence short-term relief for the convicted person. The suspension is only for a specific duration and does not affect the punishment.
  • Respite: It involves a reduction in the severity or extent of a punishment without altering its nature. It is granted when the offender faces a physical or mental disability or when the offence was committed under mitigating circumstances.
  • Remission: It is the partial reduction or alleviation of a sentence based on factors such as good conduct, health concerns or other compassionate grounds without altering the type of punishment.

Article 72 of the Indian Constitution grants the President the authority to grant - 

  • Pardons
  • Reprieves
  • Respites
  • Remissions
  • Suspend
  • Remit
  • Commute sentences

It is applicable to cases where the punishment is imposed by a court martial or offences related to the executive authority of the Union. It includes the authority to intervene in cases involving death sentences. However, the power of military officers to commute sentences imposed by a court martial is not affected. According to Article 72, the Governor of a state retains the authority to commute death sentences in cases governed by state laws.

The Supreme Court in Kehar Singh vs Union of India (1989) held that the pardoning power of the President under Article 72 is open to judicial review.

The following are the differences between the pardoning powers of the President and Governor -

President

Governor

The pardoning power of the President is wider in scope.

The pardoning power of the Governor is not as wide as that of the President of India.

The President of India has the power to grant -

  • Pardon
  • Reprieve
  • Respite
  • Suspension
  • Remission or
  • Commutation

The Governor has no such power.

Article 72 of the Constitution of India deals with the pardoning power of a President.

Article 161 of the Constitution of India deals with the pardoning power of the Governor

According to Article 72 the President has the sole power to grant pardon, reprieve, respite, suspension, remission or communication in respect of a death sentence.

The Governor has no such authority in respect of death sentences.

Conclusion

Article 72 empowers the President wider powers including granting pardons, reprieves, respites, remissions and the authority to suspend, remit, or commute sentences. The power applies to cases involving court martial, offences under Union laws and death sentences.

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FAQs about Article 72 of Indian Constitution

Article 72 grants the President the power to grant pardons, reprieves, respites, remissions, and to suspend, remit, or commute sentences in certain cases.

Article 72 is mentioned under Part V of the Constitution of India.

The President has the authority to grant a pardon, reprieve, respite, suspension, remission, or commutation of a death sentence under Article 72.

The Governor does not have the authority to grant a pardon in cases involving death sentences.
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