What is Article 72 of Indian constitution| Article 72 of the Indian Constitution grants the President of India the power to grant pardons and other types of mercy in certain legal cases — this is often called the President’s “clemency power.”

www.hinsoli.com June 30, 2025

What is Article 72 of Indian constitution

Article 72 of the Indian Constitution grants the President of India the power to grant pardons and other types of mercy in certain legal cases — this is often called the President’s “clemency power.”

📜 Text of Article 72 (Simplified)

The President may grant:

👉 Pardon,
👉 Reprieve,
👉 Remission,
👉 Respite, or
👉 Commute the sentence of any person convicted of an offence, in the following cases:

✅ Where the President Can Use This Power

When the punishment is given under a Union Law (law made by Parliament)
When the punishment is by a court martial (military court)
When the sentence is of death, regardless of the court or law under which it was awarded

🔍 Types of Clemency under Article 72

Term	Meaning
Pardon	Complete cancellation of sentence and conviction
Reprieve	Temporary postponement of punishment (usually death sentence)
Remission	Reducing the duration of the sentence without changing its nature
Respite	Reducing the punishment due to special circumstances (e.g., pregnancy, illness)
Commute	Substituting one punishment with a lesser one (e.g., death to life imprisonment)

🧾 Example Use of Article 72

A person sentenced to death may send a mercy petition to the President.
After consulting the Home Ministry and the Governor, the President can pardon or reduce the punishment.

📌 Summary of Article 72

Feature	Description
Power given to	President of India
Applies to	Cases under Union laws, court-martial, and death sentences
Includes	Pardon, reprieve, remission, respite, commutation
Purpose	Provides a last chance for justice or mercy
Binding nature	Done on advice of the Council of Ministers (not purely personal decision)