Question

Which of the following Articles of the Indian Constitution empowers the President to grant pardons, reprieves, respites or remissions of punishment?

• A. Article 61
• B. Article 72
• C. Article 52
• D. Article 76

Hint:

Remember: Article 72 \(\rightarrow\) President's Pardoning Power Article 161 \(\rightarrow\) Governor's Pardoning Power This distinction is frequently asked in Indian Polity examinations.

Answer 1

The Correct Option is B

Concept: The Constitution of India grants certain extraordinary powers to the President of India to provide relief in criminal cases. These powers are known as

clemency powers or

judicial pardon powers. They are intended to correct possible judicial errors, provide humanitarian relief, and ensure justice in exceptional circumstances. These powers are specifically provided under a particular Article of the Constitution and form an important part of the executive authority of the President.

Step 1: Understanding Article 72. Article 72 of the Constitution of India empowers the President to grant:

• Pardons

• Reprieves

• Respites

• Remissions

• Suspension of sentences

• Commutation of sentences
Thus, Article 72 gives the President the authority to reduce, alter, suspend, or completely remove punishments awarded by courts under specified circumstances. \[ \boxed{\text{Article 72 = President's Pardoning Power}} \]

Step 2: Cases where Article 72 applies. The President can exercise this power in the following situations:

• Cases involving punishment awarded by a Court Martial.

• Cases involving offences against laws under the executive power of the Union Government.

• All cases involving a death sentence.
Therefore, Article 72 has wide constitutional significance.

Step 3: Understanding important clemency terms. The Constitution uses several technical terms:

• Pardon: Completely removes both the conviction and punishment.

• Commutation: Converts a harsher punishment into a lighter one.

• Remission: Reduces the duration of a sentence.

• Respite: Awards a lesser punishment due to special circumstances.

• Reprieve: Temporarily postpones the execution of a sentence.
These powers collectively form the President's constitutional clemency authority.

Step 4: Examining the other Articles.

Article 61: This Article deals with the impeachment procedure of the President for violation of the Constitution. Therefore, Option (A) is incorrect.

Article 52: This Article simply establishes the office of the President by stating: quote "There shall be a President of India." quote It does not deal with pardoning powers. Therefore, Option (C) is incorrect.

Article 76: This Article provides for the appointment and functions of the Attorney General for India. Therefore, Option (D) is incorrect.

Step 5: Final conclusion. The constitutional provision that empowers the President of India to grant pardons, reprieves, respites, remissions, suspensions, and commutations of punishment is: \[ \boxed{\text{Article 72}} \] Therefore, the correct answer is: \[ \boxed{\text{(B) Article 72}} \]