ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Pardoning Power

Article 72 & The Grace of the Sovereign

PART I — THE FORMS OF CLEMENCY

THE FIVE TYPES

Forms of Pardon

  • **Pardon:** Completely removes both the sentence and the conviction (acts as if the crime was never committed).
  • **Commutation:** Substitutes one form of punishment for a lighter form (e.g., Death to Life Imprisonment).
  • **Remission:** Reduces the period of the sentence without changing its character (e.g., 2 years rigorous to 1 year rigorous).
ARTICLE 72 VS 161

Scope & Jurisdiction

  • **President (Art 72):** Can pardon offenses against Union Law. Independent executive power outside the judiciary.
  • **Governor (Art 161):** Can pardon offenses against State Law.
  • Pardoning power is exercised on the advice of the Council of Ministers, not at the sole discretion of the President.

PART II — PRESIDENT VS GOVERNOR

THE ULTIMATE PENALTY

Death Sentences

  • **President:** Is the *only* authority in India who can completely pardon a death sentence, regardless of whether it violates a state or union law.
  • **Governor:** Cannot pardon a death sentence. However, the Governor *can* suspend, remit, or commute a death sentence under state law.
MILITARY JURISDICTION

Court Martial

  • **President:** As the Supreme Commander of the Armed Forces, has the power to pardon or commute sentences passed by a Court Martial (military court).
  • **Governor:** Has absolutely no power in respect to sentences passed by a Court Martial.
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