Law4u - Made in India

What Is Constitution Of India Article 72?

Answer By law4u team

Constitution Of India Article 72: Power of President to Grant Pardons, Suspend, Remit, or Commute Sentences

(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 convicted of any offence—

  • (a) In all cases where the punishment or sentence is by a Court Martial.
  • (b) In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends.
  • (c) In all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit, or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit, or commute a sentence of death exercisable by the Governor{1***} of a State under any law for the time being in force.

NOTE

1. The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Brief Detail

Article 72 empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences in certain cases. These powers are applicable in cases of Court Martial, laws under the Union's executive power, and sentences of death. However, the powers of the Armed Forces and Governors to remit or commute sentences are unaffected.

Question & Answers

What is the scope of the President's power under Article 72?

The President can grant pardons, respites, and remissions, or commute sentences for offenses related to Court Martial, Union laws, or death sentences.

How does Article 72 differentiate between the powers of the President and the Governors?

While the President's power includes death sentences and Court Martial cases, the Governors also retain their power to suspend, remit, or commute death sentences under State laws.

Example

If a person is sentenced to death under a law falling under the Union's jurisdiction, the President can commute the sentence to life imprisonment or grant a pardon, effectively absolving the person of the crime.

Summary

Article 72 provides the President with extraordinary powers to intervene in judicial punishments, including granting pardons and commuting sentences, especially in matters of Court Martial, Union laws, and death sentences, while safeguarding the rights of Governors and Armed Forces authorities.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Harsh Dev

Advocate Harsh Dev

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Property, High Court, Motor Accident, Breach of Contract

Get Advice
Advocate Bhavin R Patel

Advocate Bhavin R Patel

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Family, Media and Entertainment, Motor Accident, NCLT, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Tadvi Rupsing Panya

Advocate Tadvi Rupsing Panya

Cheque Bounce, Anticipatory Bail, Divorce, Criminal, Motor Accident

Get Advice
Advocate Meena Rawat

Advocate Meena Rawat

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Bankruptcy & Insolvency

Get Advice
Advocate Diwakar Verma

Advocate Diwakar Verma

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Property

Get Advice
Advocate Lalit Kumar

Advocate Lalit Kumar

Criminal, Divorce, Family, Anticipatory Bail, Civil, R.T.I, NCLT, Recovery

Get Advice
Advocate M A Rahim

Advocate M A Rahim

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Cyber Crime, Documentation, High Court, Family, Domestic Violence, Labour & Service, Landlord & Tenant, Media and Entertainment, Property, Revenue

Get Advice
Advocate Suresh Kumar Choudhary

Advocate Suresh Kumar Choudhary

Cheque Bounce,Civil,Property,R.T.I,Revenue,

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.