The power to forgive is the rarest in a Constitution. Article 72 gives the President the power to grant pardons, reprieves, respites and remissions — including over death sentences. It is mercy with limits: it cannot override a court-martial’s power, and it is subject to a narrow judicial review.
CONSTITUTION OF INDIAArticle 72
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(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 a Governor of a State under any law for the time being in force.
The President’s clemency power covers court-martial sentences, Union-law offences, and death sentences. The Governor’s parallel power under Article 161 is left untouched.
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🕊️ Article 72: The President’s Pardon
The power to forgive — with a narrow judicial check.
PardonFull forgiveness of the offence
ReprieveTemporary stay of execution
RemissionReducing the punishment
CommutationSwapping one sentence for another
Court martialPresident can pardon even here
ExamDeath sentence = President; Art 161 = Governor
💡The trap: Only the President can pardon a death sentence — the Governor’s parallel power under Article 161 does not extend to it.
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Must Know
The Five Clemency Powers
- PardonPardons the offence entirely — the conviction and sentence both vanish.
- ReprieveA reprieve stays the execution temporarily, often to allow a mercy petition.
- RespiteA respite substitutes a lesser punishment for a heavier one.
- RemissionRemission reduces the punishment without changing its character.
- CommutationCommutation exchanges one form of punishment for a lighter one.
- Why it mattersBecause each clemency word changes what happens to the sentence differently, exams test them as a matched set — know which term wipes out the conviction (pardon) versus which merely reduces it (remission, commutation).
Where the President May Act
- Court martialArticle 72(1)(a): sentences by a Court Martial — only the President can pardon here.
- Union lawArticle 72(1)(b): offences against laws on matters in the Union executive power.
- Death sentenceArticle 72(1)(c): all cases where the sentence is death.
- Governor untouchedArticle 72(3) preserves the Governor’s power to suspend, remit or commute a death sentence under law.
- So whatThe three heads: court martial, Union-law offences, and death sentences.
- Why it mattersBecause the President’s clemency reaches death sentences and court-martial verdicts, it is the highest mercy power in the land — and exams test exactly which cases fall under it.
Good to Know
Judicial Review of Clemency
- Limited reviewThe Supreme Court can review a pardon for arbitrariness, mala fides or non-application of mind.
- Not a second trialCourts do not re-open the merits of a conviction when examining a mercy decision.
- So whatThe pardon power is discretionary, but not beyond the reach of the Constitution.
- So whatClemency is mercy within constitutional limits — discretionary, but never beyond judicial scrutiny.
✅ Test Yourself
Work through a 5-question chain on Article 72, then keep practising with a random Indian Polity question.
Great to Know
The Story of Mercy in India
- British rootsThe power descends from the Crown’s prerogative of mercy, inherited through the Government of India Act 1935.
- Why the PresidentThe framers wanted the head of state — not a minister or judge — to hold the final power of forgiveness.
- Death-row debateMercy petitions in death cases have sparked long-running debate over delay and judicial review.
- Article 161The Governor has a parallel power for State-law offences — but never for a death sentence.
- So whatEvery mercy petition you read in the news is Article 72 in action — the last door before the gallows.
PYQ / Exam Angle
UPSC 2025: Statements on the Pardon Power
- QuestionUPSC and other competitive exams ask which statements about the President’s pardoning power are correct — it is subject to limited judicial review, but the President cannot act without the aid and advice of the Central Government.
- WhyStatement II (acting without advice) is wrong — the President acts on the Council of Ministers’ advice.
- LinkSource: UPSC CSP 2025 (see Q86).
CAPF 2018: What Is NOT Correct
- QuestionCAPF and other competitive exams ask which statement about the President’s pardon power is not correct.
- WhyThe wrong option usually overstates the power — e.g. claiming the pardon is beyond all judicial review.
- LinkSource: CAPF AC 2018 (see Q105).
CAPF 2021: The Power NOT Given
- QuestionCAPF and other competitive exams ask which power has not been conferred on the President — deciding MP disqualification is not one of his powers.
- WhyPardoning court-martial sentences IS a Presidential power; deciding MP disqualification belongs to the Election Commission/Ethics Committee.
- LinkSource: CAPF AC 2021 (see Q93).
Current Affairs / So What
Mercy Petitions in the Headlines
- Why it mattersDeath-sentence commutations and mercy petitions before Presidents keep Article 72 in the news.
- So whatWhen a condemned prisoner files a mercy petition, Article 72 is the constitutional clock that starts.
- DevelopmentMercy-commutation policy debates keep the scope of Article 72 under constant public and judicial review.
Beyond the answer
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