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com

Judicial Powers of
the Executive
Articles 72,161
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President has the power

to grant pardons,
reprieves or remission
of punishment or
Art 72
To suspend, remit or
commute the sentence
to any person convicted
of an offence
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Offences Include

For offences against the

In cases where the laws made under union and
punishment is by court concurrent lists –matter to Death sentences
martial which executive power of
the Union Extends
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Art 72

The power conferred on the president ,however ,does not affect the
power conferred by any law on any officer of the armed forces to
suspend, remit, or commute a sentence passed by court martial

Or the power exercisable by the governor of state under any law to

suspend, remit or commute a death sentence.
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Governor has judicial powers only for offences relating to

matters to which the executive power of the state
Article extends
161-
Judicial
power of
the In respect of
suspension,
governor he cannot pardon remit or
commute death
Death
Court martial cases sentence ,both
sentences the president
and governor
has concurrent
powers.
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Difference between Article 72 and Article 161

Article 72 Article 161

Talks About Presidents Judicial Talks About Governor’s Judicial

Power Power
It includes cases of court Only to matters to which
martial, offences against laws executive power of the state
made under union and extends
concurrent list

For all death sentences He cannot Pardon death

sentences
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Important Definitions
Pardon- rescinds both the sentence and conviction, and absolves
offender from all punishments
Commutation- from harder to lighter punishments e.g. from death to
rigorous imprisonment
Remission- reduction of amount of sentence without changing its
character e.g. from 1 year to 6 months
Respite – awarding a lesser punishment on special grounds e.g .
Pregnancy
Reprieve- a stay or temporary suspension of execution of death
sentence e.g. pending a proceeding for pardon or commutation
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EPURU SUDHAKAR v GOVT. OF . ANDRA

PRADESH

The pardon power is open

to judicial review on Pardoning power cannot
limited grounds like non- be exercised arbitrarily on
application of mind, the basis of caste or
malafide, arbitrariness, political reasons.
irrelevant considerations.
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Privileges of President – Art 361

He is not answerable to any court for the exercise of power and
duties of his office, except when the President has been placed
under impeachment proceedings.
No criminal proceeding whatsoever can be instituted against the
president, during the term of his office.

No process for the arrest or imprisonment of president shall be

issued from any court ,during the term of his office.
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No Civil
Proceeding a notice is given
against the to the president
president until Civil
proceedings
Notice states
against the
2 months have
the nature of
proceedings,
president
passed after the
cause of action,
notice ,and,
description of
party etc