Did you know that recently the Union Government asserted that the President and not the Tamil Nadu Governor has the sole authority to determine the appeal for a pardon of A.G. Perarivalan who is Rajiv Gandhi’s assassination prisoner? Do you know the definition and objective of pardoning power? If you don’t then don’t fret through this article not only you will know about the pardoning power but also witness a comparison between the pardoning power of the president and the governor of a state. We will touch upon various factors related to the very topic. Therefore, make sure that you go through the article till the end and not skip out on any detail. Now without any further ado let’s start reading.
Understanding The Importance Of Pardoning Power
The points will help you understand the significance of pardoning power given by the Indian constitution and its objective. Therefore, make sure you go through each point entirely.
- A pardon is an act of compassion and forgiveness. The idea of pardon is of an era where an absolute monarch owned the authority to redress or remit any retribution.
- According to the constitution, a pardon dismisses both the punishment and the conviction and completely forgives the prisoner from all rulings, punishments, and disqualifications.
- In India, the power to pardon is a component of the Constitutional procedure. The Power of pardon lives to stop injustice, whether from extreme, one-sided regulations or from decisions that result in unjustness. Therefore, the condition of vesting that power in an authority other than the court has always been accepted.
- The power of pardons under Articles 73 and 161 of the Constitution are distinct from judicial power as the governor or the President can give a pardon or lessen the punishment of the court even if a minimum is prescribed.
The Comparison Between The Pardoning Power Of President & The Governor
Through the points hereafter you will witness the comparison between the pardoning power of the president and the governor. Each point will give you a new piece of new information. Therefore, go through all the points carefully.
- Under Article 72 of the Indian Constitution, the President shall hold the authority to give pardons, reprieves, respites, or remissions retribution or to stop, pardon or commute the retribution of any individual sentenced for any offense where the punishment is a sentence of death. Similarly, Article 161 of the Indian Constitution ensures the pardoning power of the Governor in India.
- There are a few limitations also that the President has to follow like he/she cannot exercise his/her power of pardon independent of the government.
- In several cases, the apex court of India has ruled that the President has to work under the direction of the Council of Ministers while determining mercy pleas.
- However, Article74 (1) empowers the President to return the mercy pleas to the Cabinet for reconsideration. If the Council of Ministers again decides against any shift, the President has no choice but to abide by it.
- The extent of the pardoning power of the President is more expansive than the pardoning power of the Governor.
- Article 72 empowers the President to give pardon in cases where the sentence or punishment is by a Court Martial. However, Article 161 does not provide any such power to the Governor.
- The President can give pardon in all circumstances where the punishment given is the sentence of death but the pardoning power of the Governor does not extend to death sentence matters.
We hope you found the article informative, comprehensible, and worth engaging with.