Pardoning Powers in Constitution

The Indian Constitution grants clemency powers to the President and the Governors of States, respectively through Articles 72 and 161 of the Constitution of India, respectively. The purpose was to add a humane approach by means of a reprieve or mercy.  Government of India has apparently reserved article 72 for grant of mercy to terrorists and hardened criminals whose cases are pleaded by foreign powers. Power of the President Under Article 72(1) of the Constitution, the President is empowered to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any individual who has been convicted of offences that are covered within the ambit of clauses (a) to (c) of Article 72(1). The instances enumerated under Article 72(1) are: first, cases where the punishment or sentence has been given by a Court Martial; second, cases where the punishment or sentence relates to an offence against any law concerning matters that the power of the Union extends to; and third, all cases where the sentence in question is a sentence of death Article 72(1)(a) is qualified by Article 72(2), which states that the power conferred by law on any officer of the Armed Forces for the purpose of suspending, remitting or commuting a sentence passed by a Court Martial would not be affected by the power of the President contained in Article 72(1)(a). Further, Article 72(3)expressly provides that the power of the President to suspend, remit or commute a sentence of death under Article 72(1)(c) would not affect the power of the Governor of a State to suspend, remit or commute a sentence of death under any applicable law in force. Basic terminologies used: 1. Pardon: Completely absolves the guilt of the offender 2. Reprieve: Temporary suspension of the sentence 3. Respite: Awarding a lesser sentence on special ground 4. Remission: Reducing the amount of sentence without changing its character 5. Commutation: Substitution of one form a punishment for another form which is of a lighter character Power of the Governor  In addition to vesting the power of pardon in the President of India, the Constitution also provides the Governor of a State the power to grant pardons; however, this power of the Governor, dealt with under Article 161 of the Constitution, is narrower in scope than the power of the President to grant pardons under Article 72. Article 161 of the Constitution empowers the Governor to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person who has been convicted of an offence against any law that relates to a matter covered by the executive power of the State. Procedure of dealing with Mercy petitions Mercy petitions to the executive are often based on background personal and social factors that explain the conduct of the convicted person, their psychological and cultural background and other special features, including material that could not be placed before the courts. Any mercy petition submitted to the President is first received in his Secretariat. Thereafter it is forwarded to the Ministry of Home Affairs for its comments and recommendations. The separate section in the Ministry deals with such petitions in detail. An officer of the rank of Deputy Secretary or Joint Secretary examines the judgment of the Supreme Court and puts up a note of approval of the Home Minister. Such petitions together with the recommendations are submitted to the President for final disposal. In the exercise of his power, the President can examine and evaluate the evidence afresh. If the President agrees with the recommendations placed before him, he acts accordingly. In case of disagreement with the recommendations, he may send his note of disagreement to the Home Ministry. In such an eventuality it is assumed that the Home Ministry will not differ from the views of the President.