President's power to pardon [Concept UPSC] WonderContent

You have made a big mistake and the court has given death sentence for it, so now there is only one person in this world who can save you in a legitimate way, that is the President. In this article, we will discuss the power of President’s pardon in a simple and easy way, and try to understand its various important aspects.

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President’s power to pardon

The President can suspend, pardon or vary the sentence of a person convicted of an offence. It is the judicial power of the President to pardon someone’s crime. The President is free to take such decisions.

Article 72 of the Constitution empowers the President to pardon persons who have been convicted of an offense in the following cases:-

1. Punishment for an offense against federal law ;

The pardoning power of the President is independent of the judiciary. It is an executive power but the President does not act as a court to exercise this power.

There are two forms of this power of the President :- 1. To rectify a judicial error in the application of law, 2. If the President considers the nature of punishment more severe, then to provide his defense.

Types of President’s Pardon

The pardoning power of the President includes the following things:-

1. Pardon

In this, both punishment and imprisonment are removed and the guilty are completely freed from all punishment, penalties and helplessness.

2. Commute

It means reducing the punishment by changing the nature of it. For example, commutation of death sentence to rigorous imprisonment, which can be commuted to simple imprisonment.

3. Avoidance

It means reducing the duration of punishment without changing its nature. For example remitting rigorous imprisonment of two years to one year of rigorous imprisonment.

4. Break

It means reducing the sentence originally awarded to a convict in a special circumstance, such as physical disability or due to the period of pregnancy of the woman.

5. Replication

It means a temporary moratorium on any punishment, especially the death penalty. Its purpose is to give time to the guilty person to seek pardon or change the nature of punishment.

Comparison of Pardoning Powers of President and Governor

President	Governor
1. He may pardon, suspend or commute the sentence of any person convicted of an offense against the Central law.	1. He may pardon or postpone punishment to a person convicted of an offense under State law.
2. He can pardon, reduce or postpone or commute the sentence of death. He alone has the right to waive the death sentence.	2. He cannot waive the sentence of death, even if someone has been sentenced to death under state law, he will have to seek pardon from the President instead of the Governor. But the governor can postpone it. Or ask for reconsideration.
3. He can waive, reduce or commute the sentence of a person sentenced under Court Martial (Military Court).	3. He has no power to waive the sentence of a person sentenced under Court Martial (Military Court).