Who among the following has the power to grant Pardons as per the Constitution…

2023

Who among the following has the power to grant Pardons as per the Constitution of India?

  1. A.

    President

  2. B.

    Supreme Court

  3. C.

    Parliament

  4. D.

    Attorney General of India

Attempted by 608 students.

Show answer & explanation

Correct answer: A

Correct answer: The President of India.

Constitutional basis: Article 72 of the Constitution empowers the President to grant pardons, reprieves, respites, remissions and to commute sentences.

  • Scope: The President’s mercy power applies to cases involving offences under Union laws, sentences by court-martial, and cases where the sentence is death, among other situations covered by Article 72.

  • Related state power: For offences against state laws, the Governor has a similar power under Article 161 of the Constitution.

Why other authorities listed are not correct:

  • The Supreme Court: It is the highest court for judicial review and can set aside convictions or sentences through legal processes, but it does not have the constitutional power to grant pardons.

  • Parliament: It is the legislative body that frames laws; Parliament does not grant individual pardons.

  • Attorney General of India: The Attorney General is the chief legal advisor and government’s representative in courts, but has no executive authority to grant pardons.

Summary: The President’s power under Article 72 is the constitutional source of pardoning authority at the national level; state-level pardons are exercised by Governors under Article 161.

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