Power of Pardon in India

The power of pardon in India is a crucial aspect of the country's criminal justice system. It embodies a humane element in the rigid framework of law, allowing for mercy and compassion to temper justice. The President of India and the governors of states are vested with this power under Articles 72 and 161 of the Indian Constitution, respectively. This essay explores the constitutional basis, scope, significance, and controversies surrounding the power of pardon in India.

Constitutional Basis

Article 72 of the Indian Constitution grants the President the authority to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense. This power extends to cases involving:

1. Offenses against laws made by the Union Government. 2. Sentences of death. 3. Court-martial sentences.

Similarly, Article 161 grants the governors of states 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 offense against state laws.

Scope and Significance

The power of pardon serves several significant purposes:

1. Correction of Judicial Errors: The judiciary, despite its best efforts, can sometimes err. The power of pardon acts as a corrective measure, ensuring that justice is not compromised by mistakes or oversights.

2. Humanitarian Considerations: This power allows for compassion and mercy to be shown in cases where the strict application of the law would result in undue hardship or injustice. It can be particularly relevant in cases involving terminally ill prisoners, the elderly, or those who have shown genuine remorse and rehabilitation.

3. Diplomatic and Social Reasons: Pardons can also serve diplomatic purposes or address social and political issues, such as the release of prisoners during significant national celebrations or to foster goodwill.

4. Public Policy and Order: Sometimes, granting pardon can be in the interest of public peace and order, especially in politically sensitive cases.

Process of Granting Pardon

The process for granting a pardon involves the submission of a petition to the President or the governor. This petition can be submitted by the convict, their family, or any other person on their behalf. The decision to grant a pardon is made after considering the advice of the government, particularly the Ministry of Home Affairs at the central level or the state's Home Department.

Controversies and Criticisms

While the power of pardon is intended to serve justice, it has been the subject of controversy and criticism. Key issues include:

1. Lack of Transparency: The process of granting pardons is often criticized for its lack of transparency and accountability. Decisions can sometimes appear arbitrary, leading to perceptions of favoritism or bias.

2. Political Influence: There are concerns that the power of pardon can be misused for political purposes. Instances where convicts with political connections receive pardons can erode public trust in the fairness of the justice system.

3. Judicial vs. Executive Domain: The power of pardon places the executive in a position to override judicial decisions, which can lead to tensions between these branches of government. Critics argue that this undermines the finality of judicial verdicts and the principle of separation of powers.

Notable Cases

Several high-profile cases have brought attention to the power of pardon in India. For instance, the commutation of death sentences in the cases of Rajiv Gandhi's assassins and the controversial pardon granted to actor Sanjay Dutt highlight the complexities and public reactions associated with the exercise of this power.

Conclusion

The power of pardon is an essential component of the Indian legal system, reflecting the need for mercy and justice to coexist. While it offers a mechanism for correcting judicial errors and showing compassion, it also necessitates careful and transparent application to maintain public confidence in the justice system. Balancing the humanitarian aspect of this power with the principles of justice and accountability remains a challenging yet crucial task for the Indian state.