Art. 72 Part V: The Union

Power of President to Grant Pardons, etc., and to Suspend, Remit or Commute Sentences in Certain Cases

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This is the President's clemency power — the ability to pardon, reprieve, or reduce a sentence, most significantly including the power to commute a death sentence. It applies specifically to court-martial cases, offences under Union-executive-power laws, and — notably, regardless of which government prosecuted the case — ALL death sentences nationwide, reflecting the unique gravity of capital punishment.

Why This Matters To You

How it shows up in everyday life

This is why a death-row convict's final legal recourse, after exhausting all court appeals, is often a mercy petition to the President — this Article gives the President the last word on whether that ultimate sentence is carried out, commuted, or the person pardoned.

Landmark Cases

How courts have interpreted this Article

Kehar Singh v. Union of IndiaAIR 1989 SC 653 — Held the President's clemency power under this Article is subject to some limited judicial review — not for reviewing the merits of the decision itself, but to check the DECISION-MAKING PROCESS wasn't arbitrary or made in bad faith. Verify this case

Epuru Sudhakar v. Government of Andhra Pradesh(2006) 8 SCC 161 — Confirmed that clemency decisions (both by the President and Governors) can be judicially reviewed on limited grounds, including malafide exercise of power or complete non-application of mind. Verify this case

Read alongside this one

Art. 161 — Power of Governor to Grant Pardons

Frequently Asked

Quick answers about Article 72

Is the President's pardon power completely unreviewable by courts?

No, not entirely — while the decision on the MERITS is largely the President's discretion, courts have held they can review the DECISION-MAKING PROCESS for arbitrariness, bad faith, or complete non-application of mind.

Does a Governor have the same power for state offences?

Governors have a broadly similar pardon power under Article 161 for state-related offences, though notably WITHOUT the President's specific, exclusive power over all death sentences nationwide.

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The text above reproduces Article 72 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.