Can Indian President pardon anyone?
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: in all cases where the sentence is a sentence of death.
Why does the President have a pardon power?
Pardoning Power Of The President: Concept And Purpose The object of pardoning power is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections.
What is President mercy rule?
As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law. A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
What is mercy petition?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is mercy petition Upsc?
What is a Mercy Petition? Mercy Petition is the last resort of a person when all the remedies available to him/her under the prevailing laws and the Constitution are exhausted. A mercy petition may be filed before the President of India under Article 72 or the Governor of the state under Article 161.
Can President commute death sentence?
States vary in their procedures for granting clemency. For federal death row prisoners, the President alone has the power to pardon or commute sentences.
Does a presidential pardon clear your record?
A presidential pardon restores various rights lost as a result of the pardoned offense and may lessen to some extent the stigma arising from a conviction, but does not erase or expunge the record of the conviction itself.
Under which Article President can give mercy to a prisoner?
Article 72
As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law. A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
What is mercy petition in India?
Can President reject mercy petition?
The President can grant pardons, partial pardons, commutation of sentences, partial commutation of sentences, remissions of fines, and forfeiture. The President of the U.S.A. has the right to deny or accept all the pardon petitions. Contempt of courts does not come under the pardonable offences.
What is the scope of the President’s discretion while deciding the mercy petition?
The President can either accept or reject the mercy plea as per the advice by the council of ministers. However, the Constitution doesn’t provide for a specified time limit to accept/reject the mercy petition. He can keep the petition in abeyance for an indefinite period if he wishes to.
Who can hear the appeal for mercy against the Supreme Court ruling?
Answer: The death sentence convict has an option toappeal to the Supreme Court. If the SupremeCourt either refuses to hear the appeal or upholds the death sentence, then the convict or his relative can submit a mercy petition to the President of India (Articles 72) or the Governor of the State (161).
What is the power of Governor-General of India to grant pardons?
The Government of India Act, 1935, recognized and saved the right of the Crown or by delegation to Governor-General to grant pardons, reprieves, respites or remissions of punishment. Section 295 of the Act, 1935, had conferred on the Governor-General acting in discretion power to suspend, remit or commute sentences of death.
Who has the power to grant pardon to a convicted person?
Usually, the head of the state is authorized with the power to grant pardon to a convicted person. In India, the power to pardon rests in the hands of President of India. Article 72 and 161 of Constitution of India empowers President and Governor respectively to grant pardons. [4] [5] The scope of Article 72 is wider than Article 161.
Do different presidents respond differently to mercy petitions?
Historical data on mercy petitions clearly indicates that different Presidents have acted differently in dealing with mercy petitions. While some chose the path of commutation in majority cases, others rejected majority of the petitions.
Does the MHA jump the queue in sending mercy petitions?
The MHA has sometimes jumped the queue in sending mercy petitions to the President — the most recent case being that of 26/11 terrorist Ajmal Kasab, who was hanged in November 2012. The Ministry has on occasion also changed its recommendation — from rejecting a mercy petition to favouring its acceptance.