Judicial powers of president
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| Judicial Powers of President of India |
The president of India has vested with some
judicial powers as granted by the constitution in the article 72 defined as “power of president
to grant pardons, etc, and to suspend, remit or commute sentences in certain
cases” while at the state level article
161 grants certain powers to governor of the respective states to
grant pardons, etc, and to suspend, remit or commute sentences in certain cases
in compliance to state jurisdiction laws and not in the case of death sentences
Judicial
powers of president
The president has the power to grant, pardon, reprieve, respite or suspends the punishment of any
accused person. In such cases
- If
punishment is given by military court through court Marshall
- If
punishment is given for crime related to hose subjects on which union
parliament is competent to make law
- If
it is death sentence
Pardon - Means to set the offender completely free
Commutation – Exchange of one form of Punishment to
another lighter form ex: Death sentence can be commuted to life imprisonment
Remission – Reduction in amount of punishment
without changing its character ex: 10 years of Punishment is reduced to 5 years
Respite – Awarding a lesser Punishment on special ground Ex: In case of
pregnant offender, Regressive imprisonment can be changed into simple
imprisonment
Reprieve – Temporary suspension of death sentence
Similar powers are vested with governor
according to article 161 if the punishment is given for crime related to
subjects on which state legislation is competent to make law, not in the case
of death sentences
There are fewer
limitations of power
President doesn’t have the exclusive right of
Pardon in a death sentence; he shares this power with the governors of the
states (If governor rejects mercy petition then a final appeal can be made to
the president)
He can’t use prerogative (Special Rights) of mercy
when the offence has been proved by the court and a sentence has been given
The rights can be exercised only in case of
violation of any subject of the union list Article
361(1) states president shall not be answerable to any court for
the exercise and performance of those powers and duties of his office
President of India
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