Article 72
When can power be exercised?
- punishment is for an offence against Union law
- Punishment is by a court martial
- Sentence is a sentence of death
Types
Pardon
- removes sentence and conviction and completely absolves convict
- as if crime never happened
Commutation
- lighter punishment
Remission
- reducing period of sentence without changing character
Respite
- lesser sentence in place of original due to special fact
- disability
- pregnancy
Reprive
- stay on execution of sentence
Guidelines by SC
- Power to be exercised on advice of union cabinet
- Petitioner has no right to oral hearing
- Kehar Singh Case
- Prez can examine evidence afresh and have different view than court without giving reasons
- No need for SC to lay guidelines for exercise of clemency by prez
- Not subject to JR, except where decision is arbitrary, irrational, mala fide or discriminatory
Judicial review allowed
- power exercised
- w/o application of mind
- w/ malafide intention
- w/ irrelevant considerations
- relevant material kept out of considerations
- power exercised w/o aid & adivce of CoM
Grounds to exercise
- offence individual crime or affects society at large?
- chance of repetition of crime?
- any purpose served by keeping convict in prison?
- socio economic conditions of convict / family
- health of convict? terminal illness?