Article 72 of Indian Constitution

Article 72 of Indian Constitution – Grants President power to pardon and commute sentences. Learn definition, status, related articles, UPSC relevance.
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

72

part

Part VI – The States

Status

Active

Full Definition & Explanation

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.

Historical Context

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.

Key Features

– The President can grant pardons for sentences given by a Court Martial.
– This article applies to offenses governed by Union laws and regulations.
– The President has the authority to commute sentences of death as needed.
– State governors also possess their own powers to grant pardons.
– This article promotes the humane aspect of justice in the legal system.

Importance & Impact

– Presidential pardons can rectify judicial errors and ensure justice is served.
– This power allows for mercy in severe punishment situations and cases.
– The use of pardons often sparks debates regarding justice and human rights.
– Article 72 ensures checks and balances between the judiciary and executive powers.
– This provision plays a role in upholding individual rights and dignity.

Sample UPSC Question

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.

Answer

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.

Key Takeaways

✓ Article 72 empowers the President to grant pardons and commutations.
✓ It encompasses provisions for the commutation of death sentences in specific cases.
✓ State governors can also exercise their own powers for granting pardons.
✓ The article highlights the need for mercy in the justice system.
✓ This provision emphasizes the importance of human dignity and justice.

FAQs

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.

Related Articles

Editor-in-Chief Pramod

Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
Scroll to Top