The President of India has limited judicial powers, which are mainly related to the pardon or commutation of sentences of those convicted of certain offenses. The Constitution of India grants the President 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 offense.
The President can exercise these powers under the following circumstances:
- The President can grant a pardon to a person who has been convicted of an offense and has been sentenced to death, life imprisonment or for a term of imprisonment exceeding two years.
- The President can grant a reprieve, which is a temporary postponement of the execution of a sentence, to a person who has been sentenced to death.
- The President can grant a respite, which is a reduction in the quantum of punishment without changing its nature, to a person who has been sentenced to death or imprisonment.
- The President can commute the sentence of a person who has been convicted of an offense and has been sentenced to death or imprisonment to a lesser punishment.
The President’s judicial powers are subject to the advice of the Council of Ministers headed by the Prime Minister. The President must act in accordance with the advice of the Council of Ministers while exercising his judicial powers.
It is important to note that the President’s powers of pardon and commutation are not absolute and are subject to certain limitations. For instance, the President cannot grant a 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. Additionally, the power of pardon and commutation cannot be used to overturn a judgement of the Supreme Court.
