Death Sentence and Presidential Clemency - (A Discussion)

IAS Mains General Studies Sample Answer

Question of death sentence and Presidential clemency. Discuss!

The President has the power to grant Pardon, reprieve or remission of punishment, or commute the sentence of any person punished by court martial, or where the sentence is for and an offence against a law relating to a matter to which the executive power of union extends. According to article 72 the President in the only authority for pardoning a sentence of death.

The President has clemency powers in the following ways:

  • Pardon: Completely absolves the offender.

  • Commutation: Substitution of one form of punishment for another lighter punishment.

  • Remission: Reduction of sentence without changing character of it, however, it is not possible in case of death sentence.

  • Respite: Awarding lesser punishment on some special grounds i.e. pregnancy, madness.

  • Reprieve: Temporary suspension of death sentence.

This power of the President is to be exercised on the advice of the Council of ministers. The Presidential clemency cannot be demanded as a matter of right. It can be rejected even without giving any ground of it. A pardon is an act of grace. The Supreme Court examined the scope of the President’s pardoning power under Article -72 in the Kehar Singh’s case – 1989 and held that the President may decide differently from the court. The manner of consideration is the discretionary decision of the President. The order of the President is not subject to judicial review on its merit.

« Go Back to Model Answer Page 

data-matched-content-ui-type="image_card_stacked"