Role Governor and President in Mercy Plea – Pardoning powers UPSC Notes
Mercy Petition
Constitutional Provision
- Article 72 provides the pardoning power to the President of India
- 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
- In all cases where the punishment or sentence is by a Court-martial;
- In all cases where the punishment or sentence for an offence against any law relating to a matter to which the executive power of the Union extends;
- In all cases where the sentence is a sentence of death.
- Article 161 states that the Governor of a State has the authority to grant pardons, reprieves, respites, or remissions of punishment, as well as to suspend, remit, or commute the sentence of any person convicted of an offence against any law relating to a matter within the State's executive power.
Difference between the pardoning power of President and Governor
President | Governor | |
Death sentence | can pardon the death sentence | no power to pardon the death sentence. |
Court-martial | can pardon in case of Court-martial | cannot pardon in the court-martial. |
Jurisdiction | exercises his judicial powers for the punishment which is given under the law made by the Union | Governor exercises his judicial powers for the punishment which is given under the law made by the State. |
Procedure Involved
A convict serving a death sentence has seven days from the date the Superintendent of Jail informs him of the Supreme Court's dismissal of his appeal or special leave to appeal. |
The petitions will be delivered to India's President. The president's office seeks advice from the cabinet. |
The appeal is examined by the Ministry of Home Affairs, which, before making recommendations to the President, considers the state's viewpoint. |
Mercy petitions do not have a written procedure. |
- President’s pardon/rejection/delay is also subjected to judicial review
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