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The Power Of Pardon Essay

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INTRODUCTION
An important function of the President and the Governors of States under the Constitution is the power to pardon. This paper seeks to delve into a study of this power by examining some of the problematic issues that it poses.

HISTORICAL DEVELOPMENT OF THE POWER TO PARDON
The concept of pardon as enshrined in the Indian Constitution can most realistically be said to be derived from the British tradition of granting mercy. Granting mercy has historically been the personal prerogative of the Crown, exercised by the monarch on the basis of advice from the Secretary of State for the Home Department. This practice is based on the understanding that the sovereign possesses the divine right and hence, can exercise this prerogative on the ground of …show more content…

Two points of comparison that may be understood from the Articles 72 and 161 might be stated as: firstly, the power of the President to grant pardon extends to the power of pardon to sentences granted by a Court Martial,whereas there is no comparable power vested in the Governor of any state. Secondly, the President is expressly granted the power to consider all cases where the sentence of death has been granted. At this point, it is essential to note that a combined reading of Articles 72 and 161 shows that the pardoning powers of the President and the Governor are overlapping – which means that, cases concerning matters to which the official force of the Representative develops and which have brought about the sentence of death – has been considered by the designers of the Constitution. In any case, the Constitution guarantees that the President is better than the Senator while allowing exculpations to people sentenced for such cases. Article 72(3) has the impact

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