Explain the pardoning power of the President of India. Additionally, mention the norms established by the Supreme Court regarding the presidential pardon power in its various judgments.
The pardoning power of the President of India is enshrined in Article 72 of the Constitution, allowing the President to grant pardons, reprieves, respites, or remissions of punishment. This power can be exercised in cases involving:
- Death sentences
- Convictions under laws related to offenses against the Union
The Supreme Court has established several norms regarding this power through various judgments:
1. Judicial Review: The exercise of pardoning power is subject to judicial review, ensuring it is not arbitrary (e.g., Epuru Sudhakar v. Government of Andhra Pradesh).
2. Guidelines for Exercise: The Court emphasized that the President must consider the advice of the Council of Ministers and the facts of each case.
3. Public Interest: Pardons should align with public interest, ensuring justice is served.
These norms ensure that the pardoning power is exercised judiciously and transparently, maintaining the rule of law.
Related Questions
Explain the process of double fertilization in angiosperms. Why is it considered unique to flowering plants?
Examine the role and significance of Joint Parliamentary Committees in India's legislative process?
What is the right to travel abroad as a fundamental right?
More Practice Questions
Explain the process of double fertilization in angiosperms. Why is it considered unique to flowering...
Explain the process of double fertilization in angiosperms. Why is it considered unique to flowering plants?
Examine the role and significance of Joint Parliamentary Committees in India's legislative process?...
Examine the role and significance of Joint Parliamentary Committees in India's legislative process?
What is the right to travel abroad as a fundamental right?...
What is the right to travel abroad as a fundamental right?
What is the right to travel abroad as a fundamental right?...
What is the right to travel abroad as a fundamental right?
"The existence of mens rea along with commission of actus reus makes the act an offence." Explain.?...
"The existence of mens rea along with commission of actus reus makes the act an offence." Explain.?
What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable...
What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations.?