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
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When the punishment is given under a Union Law (law made by Parliament)
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When the punishment is by a court martial (military court)
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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
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A person sentenced to death may send a mercy petition to the President.
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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) |
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