Judicial Powers
Pardons, Appointments & Advisory Jurisdiction
PART I — THE POWER OF CLEMENCY
ARTICLE 72
Scope of Pardoning Power
- Independent of the Judiciary; it is an executive power to correct judicial errors or provide relief from harsh sentences.
- Applies to offenses against **Union Law**.
- Applies to all sentences by **Court Martial** (Military Courts).
- Applies to all **Death Sentences** (even under State law).
THE FIVE FORMS
Forms of Clemency
- **Pardon:** Completely wipes out both conviction and sentence.
- **Commutation:** Substitutes a harsher punishment with a lighter form (e.g., Death to Life imprisonment).
- **Remission:** Reduces the period of sentence without changing its character (e.g., 2 years Rigorous to 1 year Rigorous).
- **Respite:** Lesser sentence due to special facts (pregnancy, disability).
- **Reprieve:** Temporary stay of execution (usually death).
PART II — JUDICIAL RELATIONSHIP
ARTICLE 124 & 217
Judicial Appointments
- The President appoints the Chief Justice of India (CJI) and the Judges of the Supreme Court.
- Appoints the Chief Justice and Judges of all State High Courts.
- Though formally done by the President, the decision is bound by the recommendations of the **Supreme Court Collegium**.
ARTICLE 143
Advisory Jurisdiction
- The President can seek the opinion of the Supreme Court on any question of **law or fact of public importance**.
- The Supreme Court *may* refuse to give its opinion on general matters, but *must* give it on pre-constitutional treaties.
- The opinion is **advisory**, not a judicial pronouncement, and is not binding on the President.
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