Article 72 of the Constitution of India deals with the power of the President 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 offense 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.
The President can exercise this power on the basis of a petition submitted by the convicted person or any other person on his behalf. The power to grant pardons and reprieves is an executive power of the President and is not subject to judicial review.
It is important to note that the power of the President to grant pardon or commutation is not absolute and is subject to certain limitations. For instance, the power cannot be used to overturn a judgement of the Supreme Court. Additionally, the power cannot be used to grant pardon or commutation in cases where the offence is related to a law passed by the Parliament on the grounds of national security or public order.
