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Article 72 Of Indian Constitution In English
Article 72 – Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases.
(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) Noting in sub clause (a) of Clause ( 1 ) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.
Article 72 In English
72 Article – Power of President to grant clemency, etc., and to suspend, remove or reduce sentence in certain cases.
(1) The President shall have power to waive, remit, relieve or remit the sentence of any person convicted of any offence, or to suspend, remove or reduce the sentence.
(a) in all cases where the sentence or punishment is by court martial;
(b) in all cases where the punishment or punishment is for an offense against any law relating to any matter to which the executive power of the Union extends;
(c) in all cases where the punishment is death.
(2) The remarks in sub-section (a) of clause (1) shall affect the power of the Governor of a State to suspend, remove or reduce the sentence of death under any law.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 72 Of Indian Constitution?
In Article 72 you see “Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases” that means (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; more above.
Article 72 Debate Summary
The draft Article 59 (Article 72, Constitution of India 1950) was debated on 29 December 1948 and 17 October 1949. It was related to the pardoning power of the President. A member moved the removal of clause 3 of the draft article. He argued that only the President as the ‘supreme head of state’ should have the power to decide on clemency petitions. He called upon American and English examples to demonstrate how the power of pardon is usually limited for a representative of a nation.
If the governors or rulers of Indian states also share this power, it will affect the federalism and sovereignty of India. In response, a member opposed the motion. How the governor would be best placed to decide on clemency matters as he would be given ‘better information’, he said. He also pointed out that as an appointee of the prime minister, the governor was responsible to the legislature. This will prevent the use of his pardoning power.
The Chairman of the Drafting Committee explained the general principles of this draft article. The power to pardon for offenses committed against federal laws would be with the President and those committed against state laws would be with the governor. However, with respect to the death penalty, both will have clemency power. The Speaker, reacting to the motion to remove Clause 3, said that the draft Article superseded the existing practice.
On the advice of the Home Minister, the Governor will first decide on the clemency petitions. Only rejected petitions will go to the President. On 29 December 1948, the assembly adopted the draft article without any amendment. On 17 October 1949, the draft article was reopened for discussion and adopted with a minor modification.
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