Part V - The Union • Article

Article 72 Simplified: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 72 gives the President the unique power to show Mercy. If someone has been sentenced to death or a long jail term by a court, the President can pardon them (forgive them), reduce their punishment, or put it on hold. This acts as a 'Safety Valve' to ensure that if there is a mistake in justice or a need for compassion, the head of the state can step in.

Official Text

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence— (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor *** of a State under any law for the time being in force.

Simple Meaning

Explain Like Ten

If someone is in big trouble and they are really sorry or there was a mistake, the President can use Article 72 to forgive them or reduce their punishment. It's the highest mercy in the land.

Student Mode

Power to grant pardons, reprieves, respites, or remissions; specifically includes the power to pardon death sentences.

Example

In very rare cases, if a prisoner on death row shows genuine change or there are new facts, they can send a 'Mercy Petition' to the President under Article 72 to change their death sentence to life imprisonment.

Key Takeaway

Article 72 ensures that the light of mercy exists even after the final court judgment.

FAQs

Can the President forgive a death sentence?

Yes, Article 72 specifically gives the President the power to pardon a death sentence.

Is the President's decision final?

Yes, but if the decision is completely arbitrary, the Supreme Court can sometimes review it.