Question

Which Article of the Indian Constitution deals with the power of President to grant pardon, reprieve, respite or remission of punishment?

• A. Article 73
• B. Article 74
• C. Article 72
• D. Article 75

Hint:

Article 72 is significant as it gives the President discretionary powers in matters of punishment.

Answer 1

The Correct Option is C

Article 72 of the Indian Constitution grants the President the power to grant pardons, reprieves, respites, or remissions of punishment. This power extends to cases involving death sentences.

Answer 2

Article 72 of the Indian Constitution empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment. It also allows the President to suspend, remit, or commute the sentence of any person convicted of any offense in certain cases.

According to Article 72, the President can exercise these powers in the following circumstances:
1. In all cases where the punishment or sentence is by a court-martial.
2. In all cases where the punishment or sentence is for an offense against any law relating to a matter to which the executive power of the Union extends.
3. In all cases where the sentence is a sentence of death.

This power is part of the President’s clemency authority and serves as a constitutional check on the judicial process, offering a last resort for mercy. It allows the President to take into account humanitarian and compassionate grounds, such as old age, health conditions, or miscarriage of justice.

It is important to note that while the President has this power, it is exercised based on the aid and advice of the Council of Ministers headed by the Prime Minister, as per the constitutional framework.

Conclusion:
The correct answer is Article 72, which grants the President of India the constitutional authority to provide clemency in appropriate cases.