Pardoning Power of the President (Article 72) Definition, Types, Examples & Uses

Pardoning Power of the President (Article 72)

Subject: Polity

Book: Indian Polity by M. Laxmikanth

Allows the President to grant pardons, reprieves, respites, or remission of punishments, especially in death sentence cases or offenses under union jurisdiction. This prerogative upholds humanitarian considerations and correctional justice. Though exercised on the Council of Ministers’ advice, controversies arise when mercy petitions face political influence or indefinite delays. Judicial review is limited to checking procedural arbitrariness, not the mercy’s merits. Similarly, Governors hold pardoning powers for state offenses (Article 161). This constitutional device ensures scope for compassion in the justice system, balancing deterrence with mercy and acknowledging that rigid application of law may sometimes require humane intervention.