Article 72 of the Costitution of India with Case law
Article 72 of the Constitution of India
Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
🔹 Text of Article 72 (Simplified):
Article 72(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:
In cases where:
The punishment is by a court martial,
The punishment is for an offence against any law relating to a matter to which the executive power of the Union extends,
The sentence is a death sentence.
Article 72(2):
This power does not affect the power of the Governor under Article 161.
🧠Explanation of Powers under Article 72:
| Term | Meaning |
|---|---|
| Pardon | Complete elimination of the punishment. The person is treated as innocent. |
| Reprieve | Temporary delay in execution of a sentence (especially death sentence). |
| Respite | Awarding a lesser punishment on account of special circumstances (e.g., pregnancy). |
| Remission | Reduction in the amount or duration of the sentence. |
| Commutation | Substitution of one form of punishment for a less severe one. |
| Suspension | Temporary halt of the sentence execution. |
⚖️ Important Case Laws on Article 72:
âś… 1. Kehar Singh v. Union of India (1989) AIR 653, SCR (1) 204
Facts: Kehar Singh was sentenced to death in the Indira Gandhi assassination case.
Issue: Challenge to the President’s decision to reject his mercy petition.
Held:
The President can examine the evidence, and judicial review is limited only to the manner in which the decision was made.
Courts cannot sit in appeal over the President’s decision but can intervene if malafide or irrelevant considerations are found.
âś… 2. Epuru Sudhakar v. Govt. of A.P. (2006) 8 SCC 161
Issue: Challenge to the exercise of clemency by the Governor (analogous to the President’s power under Article 72).
Held:
Judicial review of clemency powers is allowed in limited circumstances, such as:
Arbitrary or discriminatory decision,
Based on irrelevant considerations,
Against constitutional morality.
Reaffirmed President’s power is not absolute.
âś… 3. Maru Ram v. Union of India (1981) 1 SCC 107
Held:
Article 72 is subject to the rule of law.
Guidelines can be issued for exercise of clemency power.
President must act on the aid and advice of the Council of Ministers.
âś… 4. Shatrughan Chauhan v. Union of India (2014) 3 SCC 1
Held:
Mercy petitions must be disposed of expeditiously.
Delay in deciding mercy petitions can be a ground to commute death sentence to life imprisonment.
đź“Ś Key Points:
Article 72 applies to death sentences, court martial cases, and offences under Union jurisdiction.
The President must act on the aid and advice of the Council of Ministers.
Judicial review is allowed but limited to ensure it is not exercised arbitrarily.
It is a constitutional safeguard to ensure justice, fairness, and compassion.
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