PARDONING POWER OF THE PRESIDENT • Article 72 of the constitu | E-Note for all competitive examinations💗 ( 100k) subscribers
PARDONING POWER OF THE PRESIDENT
• Article 72 of the constitution empowers the president to grant pardons.
• The pardoning power of the president is independent of the Judiciary; it is an executive power.
• The Pardoning power of the President include the following:
1) PARDON - It removes both the sentence and the conviction and completely absilves the covict from all sentences, punishment and diqualifications.
2) COMMUTATION - It denotes the substitution of one form of punishment for a lighter form.
3) REMMISSION - It implies reducing the period of sentence without changing its character.
4) RESPITE - It denotes awarding a lesser sentence in place ofbone originally awarded due to the some special fact, such as the physical disability of a convict or the preganancy of a woman offender.
5) REPRIEVE - It implies to stay of the execution of a sentence (especially that of death) for a temporary period.
• Under Article 161 of the constitutuion, The Governor of a state also possesses the Pardoning power.
• The Governor can not Pardon death sentence even if a state law prescribes the death sentence. power to grant pardon in case of death sentenve lies the the President.
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