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The power of the President to grant pardons, reprieves, respites or remissions of punishment is given in:
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Answer: Option B — Article 72
Detailed Solution
Article 72 gives the President the power to grant pardons and to suspend, remit or commute the sentence of any person convicted of an offence in the following cases:
In all cases where the punishment is for an offence against a Union law.
In all cases where the sentence is by a court martial (military court).
In all cases where the sentence is a sentence of death.
The pardoning power includes five types of relief:
- Pardon: removes both the sentence and the conviction completely, freeing the person from all punishments and disqualifications.
- Commutation: substitutes one form of punishment with a lighter form, for example, a death sentence changed to life imprisonment.
- Remission: reduces the period of a sentence without changing its character, for example, two years' rigorous imprisonment reduced to one year.
- Respite: awards a lesser sentence in place of the original one because of some special fact, such as the physical disability of the convict or the pregnancy of a woman offender.
- Reprieve: stays the execution of a sentence, especially a death sentence, for a temporary period, so that the convict can seek a pardon or commutation.
The President exercises this power on the advice of the Union Council of Ministers. The power is independent of the judiciary; it is an executive power, but the Supreme Court has held (in Epuru Sudhakar, 2006, and other cases) that it is subject to limited judicial review if exercised arbitrarily, with mala fide intent or without considering relevant material.
The Governor of a state has a similar pardoning power under Article 161, for offences against state laws. However, the Governor cannot pardon a death sentence, though he can suspend, remit or commute it. Only the President can pardon a death sentence and sentences by court martial.
Why not the other options?
- ✗Article 161 is the Governor's pardoning power.
- ✗Article 32 is the right to constitutional remedies.
- ✗Article 143 gives the President power to consult the Supreme Court.
Quick tip
Remember: Article 72 = President's pardoning power (pardon, commutation, remission, respite, reprieve), including death sentences and courts martial; Article 161 = Governor (cannot pardon death sentence).
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Important Articles & Schedules — Preparation
This question tests your understanding of Important Articles & Schedules, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the important articles of the Constitution that exams test most often, the parts of the Constitution, and the twelve schedules, such as the Seventh Schedule (Union, State and Concurrent Lists), the Eighth Schedule (languages) and the Tenth Schedule (anti-defection law). Questions directly ask which article or schedule deals with a subject, so make a table and revise it often. High-frequency examples include Article 112 (annual financial statement), Article 280 (Finance Commission), Article 324 (Election Commission) and Article 368 (amendment procedure). Remember that the Ninth Schedule was added by the 1st Amendment in 1951. Practise the important articles and schedules questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.