Under which article President can give mercy to a prisoner?
VerifiedAnswer: Article 72
Explanation:
Article 72 of the Indian Constitution grants the President of India the power to grant pardons, reprieves, respites or remissions of punishment to prisoners. This is one of the most significant humanitarian powers vested in the office of the President, often referred to as the pardoning power.
The President can exercise this power in all cases where the punishment or sentence has been awarded by a court martial, 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, and in all cases where the sentence is a sentence of death.
Under Article 72, the President has five different types of pardoning powers:
• Pardon: Complete forgiveness of the crime and punishment, restoring the person to their original position as if the offence was never committed
• Commutation: Substituting one form of punishment for a lighter form
• Remission: Reducing the period of sentence without changing its character
• Respite: Awarding a lesser sentence in place of one originally awarded due to some special fact
• Reprieve: Temporary suspension of death sentence to allow time for the petitioner to seek pardon or commutation
It's important to note that the President exercises this power on the advice of the Council of Ministers, headed by the Prime Minister. The President cannot use this power independently but must act according to the aid and advice of the cabinet. This ensures that the pardoning power is exercised in a responsible manner and reflects the collective wisdom of the government.
Similarly, under Article 161, state governors also have pardoning powers, but their scope is more limited compared to the President's powers. The governor can grant pardons for offences against state laws, while the President's power extends to offences against Union laws, court martial cases, and death sentences.
