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Pardoning Powers of President of India UPSC Notes

The document discusses the pardoning powers of the President of India under Article 72 of the Indian Constitution. It outlines the five types of pardoning powers: (1) Pardon, (2) Reprieve, (3) Remit, (4) Respite, and (5) Commute. It provides details on when the President can exercise these powers and what each power entails, such as substituting a lesser sentence (Respite) or reducing a sentence while keeping the same type of punishment (Remit). The topic is important for the IAS Exam, especially the prelims, mains, and interview stages.

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51 views

Pardoning Powers of President of India UPSC Notes

The document discusses the pardoning powers of the President of India under Article 72 of the Indian Constitution. It outlines the five types of pardoning powers: (1) Pardon, (2) Reprieve, (3) Remit, (4) Respite, and (5) Commute. It provides details on when the President can exercise these powers and what each power entails, such as substituting a lesser sentence (Respite) or reducing a sentence while keeping the same type of punishment (Remit). The topic is important for the IAS Exam, especially the prelims, mains, and interview stages.

Uploaded by

Sharmila Subramanian
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UPSC Civil Services Examination

Subject – UPSC GS-II


Topic – Pardoning Powers of President – Article 72
Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When
the President of India takes an action over the case of punishment or the sentence of any person
convicted for an offence, it takes the form of his pardoning powers. They are of five types:

1. Pardon
2. Reprieve
3. Remit
4. Respite and
5. Commute

The topic, ‘Pardoning Power of the President’ comes under Indian Polity (GS-II) of the IAS Exam and is
important from the perspectives of all Prelims, Mains and Interview stages.

Read about these powers one by one in the article.

When can the President use his Pardoning Powers?

The President can use any one of the pardoning powers in the cases mentioned below:

1. When he is considering a case of punishment against a person who has committed an offence against a
Union Law
2. When he is considering a case of punishment where the latter is given by the court martial or military
court
3. When he is considering a death sentence

What are the Pardoning Powers of the President?

As mentioned above, there are five types of Pardoning Powers of the President. Read about each below
in the table:

Types of Pardoning Powers of the President


S.No Type Detail
When the President pardons, both the sentence and the conviction of the convict completely
1. Pardon
absolve the sentences, punishments and disqualifications
When the President uses the pardoning power of ‘Respite’, he chooses to award a lesser sentence
in place of one originally awarded to the convict. For example, due to some special fact, such as
2. Respite
the physical disability of a convict or the pregnancy of a woman offender, the President can use
this power
When the President chooses the pardoning power of ‘Reprieve'; he stays the execution of a
3. Reprieve sentence (especially that of death) for a temporary period. By doing this, he enables the convict
to have time to seek pardon or commutation from him
When the President chooses the pardoning power of Remit, he acts to reduce the period of
sentence but the character of the sentence remains the same. For example, a sentence of rigorous
4. Remit
imprisonment for two years may be remitted to rigorous imprisonment for one year but the
imprisonment remains rigorous
When the President chooses to use this pardoning power of ‘Commute; he substitutes one form
5. Commute of punishment for a lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.

Along with the pardoning power of the President, there also is ‘Veto Power,’ which an aspirant can read
in the linked article.

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