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Pardoning Powers of President under the Constitution of India: Judicial Interpretations

Nagendra Ambedkar Sole , Nagendra Ambedkar Sole , Ajay Kr. Barnwal

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International Journal of Political Science 1(1):p 33-38, July - December 2015. | DOI:

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Abstract

Presidential pardons have been the subject of increased public and judicial scrutiny and the focus of news media both electronic as well as print media. The power to grant pardon is expressly included in the modern written Constitutions of nearly all countries. The rationale underlying executive pardons are twofold: 

(1) It is to prevent the miscarriage of justice. The judges are not infallible and at times while enforcing the criminal laws, the courts can end up making mistakes, which then require correction.

(2) It is for public welfare. It is in the interest of the society, the laws and sentence fixed by the judgment are not strictly applied and the punishment inflicted is reduced.

The philosophy of punishment rests on four tenets. It can be a deterrent and work by creating fear. It can be retributive, making one pay for it. It can also be preventive, to strengthen the human character. It is the last theory that inevitably works behind clemency. As Abdul Kalam says “law is also a medium of reform.” Article 72 and 161 of Indian Constitution entrusted this power in the president of India and Governors of the state. In this paper an attempt has been made to analyze constitutional provisions with regard to pardon and nature and scope of pardoning power of president as well as the important cases and judicial decisions of Supreme Court with regard to clemency and pardoning powers of president of India.

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