Balancing Justice and Mercy: The President’s Pardoning Power in India

  • Priyam Prakash
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  • Priyam Prakash

    Student at School of Law, UPES, Dehradun, India

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Abstract

Indian Constitution under Article 72 empowers the President to grant pardons and Article 161 grants powers to the governor to pardon the sentence except in a few cases. It can be granted to individuals who have been convicted of any offence against a law or sentenced by a court martial (military court) and for sentence of death. The object of pardoning power is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections. Pardoning is an act of kindness that reduces the punishment conferred under the law for the offence and restores the rights and privileges lost on account of the offence. The present paper envisages to critically reviewing the pardoning powers exercised by the President of India who has been granted the responsibility and authority to protect the Constitution.

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International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 287 - 293

DOI: https://doij.org/10.10000/IJLSI.112113

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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