Article 394A of Indian Constitution
Article 394A of Indian Constitution – It provides an authoritative Hindi translation to prom… Learn definition, status, related articles, UPSC relevance.
📚 UPSC Relevant
Article 72 of the Indian Constitution grants the President the authority to grant pardons, reprieves, respites, or remissions of punishment. This power is specifically applicable to individuals convicted of offenses under certain conditions. It covers cases tried by a Court Martial, offenses related to laws under the Union’s executive power, and death sentences. This means that if someone is convicted under military law or federal law, the President can intervene and alter their punishment. For example, if a soldier is sentenced to death for a crime under military law, the President can choose to pardon them or reduce their sentence.
The article also outlines exceptions to this power. For instance, it clarifies that the President’s power does not override the authority given to military officers regarding Court Martial decisions. Additionally, state governors retain the right to suspend or commute death sentences under their own laws. This ensures a balance of power where both the President and state governors can exercise their authority based on the nature of the crime and the jurisdiction involved.
The real-world impact of Article 72 is major. It reflects the humane aspect of justice, where the highest authority can rectify harsh sentences. For instance, in 2012, the President granted clemency to a death row convict due to humanitarian grounds. Such actions can lead to public discussions on justice, mercy, and the death penalty, highlighting the need for a just legal system that considers individual circumstances.
Article 72 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, members discussed the need for a mechanism to ensure that justice is tempered with mercy. They agreed that the power to grant pardons should lie with the President to maintain national integrity and fairness. The debates highlighted concerns about wrongful convictions and the need for a safeguard against harsh sentences. This article has remained unchanged since its inception, emphasizing its importance in the legal framework of India. In the case of ‘Kehar Singh vs. Union of India’ (1989), the Supreme Court reinforced that the President’s power to grant pardons is a key aspect of justice, ensuring that individual rights are protected while maintaining the rule of law.
Consider the following statements regarding Article 72 of the Indian Constitution:
1. The President has the power to grant pardons for all types of judicial sentences without limitation.
2. State governors do not have any power to commute death sentences under any circumstances.
3. The President’s power is limited to offenses under Union laws only.
Which of the above statements is/are correct?
A. Only 1 and 2
B. Only 1 and 3
C. Only 2 and 3
D. All of the above.
The correct answer is B. Only statements 1 and 3 are incorrect. Article 72 does not allow the President to grant pardons for all types of sentences, as it specifically excludes certain powers. Additionally, state governors do have the authority to commute death sentences under their jurisdiction, which makes options A and C incorrect. Therefore, the correct option is B.
Article 72 empowers the President to grant pardons, which can correct injustices in the judicial system. This power applies to specific cases, including death sentences and Court Martial decisions. By allowing the President to intervene, the article reflects the humane aspect of justice, ensuring that harsh penalties can be reconsidered under certain circumstances.
Yes, state governors possess the authority to grant pardons according to their laws. They can suspend or commute death sentences for offenses tried within their respective states. This ensures a system where both the President and governors can exercise mercy based on the severity of the offense and local laws.
Article 72 includes exceptions regarding Court Martial decisions and the powers of state governors. The President’s power does not interfere with military jurisdiction or the authority governors have under their laws. This ensures that different levels of government maintain their respective powers in judicial matters, allowing for a balanced approach to justice.
Article 394A of Indian Constitution – It provides an authoritative Hindi translation to prom… Learn definition, status, related articles, UPSC relevance.
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