Model Answer
0 min readIntroduction
Executive clemency, encompassing pardon, reprieve, remission, and commutation of sentences, is a crucial aspect of the justice system, offering a second chance and correcting potential miscarriages of justice. While often perceived as a discretionary power vested in the President of India under Article 72 of the Constitution, it is not an unfettered privilege. The exercise of this power is deeply rooted in constitutional principles like fairness, rehabilitation, and public welfare, and must be exercised with due consideration to public interest and judicial pronouncements. Recent debates surrounding the grant of remission to convicted criminals have highlighted the complexities and public scrutiny surrounding this power.
Constitutional Basis of Executive Clemency
Article 72 of the Constitution empowers the President to grant pardons, reprieves, remissions, or commutations of sentences in cases of conviction by any court or tribunal. This power is distinct from the Governor’s power under Article 161, which applies to convictions by state courts. The President’s power extends to all cases, including those involving military courts (through martial law). However, this power is subject to judicial review, ensuring it doesn’t violate fundamental rights or constitutional principles.
Principles Guiding the Exercise of Clemency
The exercise of executive clemency is guided by several principles, moving beyond a mere ‘privilege’:
- Fairness and Justice: Clemency should be considered when there are doubts about the guilt of the convict, or when the sentence appears unduly harsh in relation to the crime.
- Rehabilitation: The potential for rehabilitation of the convict is a key consideration. Evidence of good conduct in prison and efforts towards reform are important factors.
- Public Welfare: The impact of the decision on public order and safety must be considered. Granting clemency should not undermine the confidence of the public in the justice system.
- Equality: Clemency should be exercised without discrimination, based on factors like caste, religion, or political affiliation.
- Due Process: While the President’s decision is generally final, it must be based on relevant materials and a reasoned consideration of the facts.
Judicial Review and Limitations
The Supreme Court has consistently held that the President’s power of clemency is not absolute and is subject to judicial review. Several landmark cases have shaped the understanding of this power:
- Maru Ram v. Union of India (1984): The Supreme Court held that the power of clemency must be exercised in a rational and non-arbitrary manner.
- Bachchan Singh v. State of Punjab (1980): This case highlighted the importance of considering mitigating circumstances when deciding on clemency in death penalty cases.
- Mohd. Ahmed Khan v. Shah Bano Begum (1985): Though not directly related to Article 72, this case demonstrated the judiciary’s role in upholding constitutional principles even in the face of executive action.
Judicial review ensures that the President’s decision is not based on extraneous considerations or violates fundamental rights. The court can quash a clemency order if it is found to be arbitrary, capricious, or against the principles of natural justice.
Recent Trends and Challenges
In recent years, there has been increased scrutiny of the exercise of clemency, particularly in cases involving life imprisonment. The debate surrounding the release of convicts in high-profile cases has raised questions about the criteria used for granting remission and the balance between individual rights and public safety. The lack of transparency in the clemency process and the potential for political influence are also significant challenges.
| Power | President (Article 72) | Governor (Article 161) |
|---|---|---|
| Scope | Convictions by any court or tribunal (including military courts) | Convictions by State Courts |
| Judicial Review | Subject to judicial review by Supreme Court | Subject to judicial review by High Courts |
Conclusion
The exercise of executive clemency is a delicate balance between the President’s constitutional power and the principles of justice, fairness, and public welfare. It is not a mere privilege but a responsibility that must be discharged with due diligence and consideration. While the President has the final say, the power is not absolute and remains subject to judicial review. Greater transparency and a clearly defined set of criteria for granting clemency are crucial to ensure public trust and maintain the integrity of the justice system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.