Indian Constitution and Polity

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.