Powers & Position of the President | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
Article 72 of the Constitution empowers th
persons who have been tried and convicted of
the: 
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.
The pardoning power of the President is inde
executive power. But, the President while 
a court of appeal. The object of conferr
fold: (a) to keep the door open for correc
of law; and, (b) to afford re
unduly harsh. 
The pardoning power of the President includes the following:
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
2. Commutation: It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission: It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous im
be remitted to rigorous imprisonment for one year.
4. Respite: It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
the pregnancy of a woman offender.
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President.
Under Article 161 of the Constitution, the governor of a state also
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and
 
Article 72 of the Constitution empowers the President to grant pardons to 
persons who have been tried and convicted of any offence in all cases where 
1. Punishment or sentence is for an offence against a Union Law; 
Punishment or sentence is by a court martial (military court); and 
3. Sentence is a sentence of death. 
The pardoning power of the President is independent of the Judiciary; it is 
executive power. But, the President while exercising this power, does not 
a court of appeal. The object of conferring this power on the President 
fold: (a) to keep the door open for correcting any judicial errors in the
of law; and, (b) to afford relief from a sentence, which the President regards as 
The pardoning power of the President includes the following: 
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous imprisonment for two years
be remitted to rigorous imprisonment for one year. 
It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
woman offender. 
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President. 
Under Article 161 of the Constitution, the governor of a state also possesses the 
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and commute the 
e President to grant pardons to 
any offence in all cases where 
 
pendent of the Judiciary; it is an 
exercising this power, does not sit as 
ing this power on the President is two-
ting any judicial errors in the operation 
President regards as 
1. Pardon It removes both the sentence and the conviction and completely 
absolves the convict from all sentences, punishments and disqualifications. 
It denotes the substitution of one form of punishment for a 
lighter form. For example, a death sentence may be commuted to rigorous 
imprisonment, which in turn may be commuted to a simple imprisonment. 
It implies reducing the period of sentence without changing its 
prisonment for two years may 
It denotes awarding a lesser sentence in place of one originally 
awarded due to some special fact, such as the physical disability of a convict or 
5. Reprieve It implies a stay of the execution of a sentence (especially that of 
death) for a temporary period. Its purpose is to enable the convict to have time 
possesses the 
pardoning power. Hence, the governor can also grant pardons, reprieves, 
ommute the 
Page 2


 
Article 72 of the Constitution empowers th
persons who have been tried and convicted of
the: 
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.
The pardoning power of the President is inde
executive power. But, the President while 
a court of appeal. The object of conferr
fold: (a) to keep the door open for correc
of law; and, (b) to afford re
unduly harsh. 
The pardoning power of the President includes the following:
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
2. Commutation: It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission: It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous im
be remitted to rigorous imprisonment for one year.
4. Respite: It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
the pregnancy of a woman offender.
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President.
Under Article 161 of the Constitution, the governor of a state also
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and
 
Article 72 of the Constitution empowers the President to grant pardons to 
persons who have been tried and convicted of any offence in all cases where 
1. Punishment or sentence is for an offence against a Union Law; 
Punishment or sentence is by a court martial (military court); and 
3. Sentence is a sentence of death. 
The pardoning power of the President is independent of the Judiciary; it is 
executive power. But, the President while exercising this power, does not 
a court of appeal. The object of conferring this power on the President 
fold: (a) to keep the door open for correcting any judicial errors in the
of law; and, (b) to afford relief from a sentence, which the President regards as 
The pardoning power of the President includes the following: 
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous imprisonment for two years
be remitted to rigorous imprisonment for one year. 
It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
woman offender. 
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President. 
Under Article 161 of the Constitution, the governor of a state also possesses the 
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and commute the 
e President to grant pardons to 
any offence in all cases where 
 
pendent of the Judiciary; it is an 
exercising this power, does not sit as 
ing this power on the President is two-
ting any judicial errors in the operation 
President regards as 
1. Pardon It removes both the sentence and the conviction and completely 
absolves the convict from all sentences, punishments and disqualifications. 
It denotes the substitution of one form of punishment for a 
lighter form. For example, a death sentence may be commuted to rigorous 
imprisonment, which in turn may be commuted to a simple imprisonment. 
It implies reducing the period of sentence without changing its 
prisonment for two years may 
It denotes awarding a lesser sentence in place of one originally 
awarded due to some special fact, such as the physical disability of a convict or 
5. Reprieve It implies a stay of the execution of a sentence (especially that of 
death) for a temporary period. Its purpose is to enable the convict to have time 
possesses the 
pardoning power. Hence, the governor can also grant pardons, reprieves, 
ommute the 
 
sentence of any person convicted of any offence against a state
pardoning power of the governor differs from that of the
President in following two respects:
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot.
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and
have concurrent power in respect of suspension, remission
death sentence. 
The Supreme Court examined the pardoning power of the President under
different cases and laid down the following principles:
1. The petitioner for mercy has no right to an oral hearing
2. The President can examine the evidence afresh and take a view different
the view taken by the court. 
3. The power is to be exercised by the President on the advice of the union
cabinet. 
4. The President is not bound to give reasons for his order.
5. The President can afford relief not only from a sentence that he regards as
unduly harsh but also from an evident mistake.
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President.
7. The exercise of power by the President is not subject to judicial review
except where the presidential decision is arbitrary,
discriminatory. 
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition.
 
sentence of any person convicted of any offence against a state law. But, the 
pardoning power of the governor differs from that of the 
President in following two respects: 
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot. 
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and the President 
have concurrent power in respect of suspension, remission and commutation of 
The Supreme Court examined the pardoning power of the President under
rent cases and laid down the following principles: 
1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a view different
 
The power is to be exercised by the President on the advice of the union
4. The President is not bound to give reasons for his order. 
5. The President can afford relief not only from a sentence that he regards as
arsh but also from an evident mistake. 
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President. 
7. The exercise of power by the President is not subject to judicial review
ential decision is arbitrary, irrational, mala fideor
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition. 
law. But, the 
1. The President can pardon sentences inflicted by court martial (military 
2. The President can pardon death sentence while governor cannot. Even if a 
state law prescribes death sentence, the power to grant pardon lies with the 
President and not the governor. However, the governor can suspend, remit or 
the President 
and commutation of 
The Supreme Court examined the pardoning power of the President under 
by the President. 
2. The President can examine the evidence afresh and take a view different from 
The power is to be exercised by the President on the advice of the union 
5. The President can afford relief not only from a sentence that he regards as 
6. There is no need for the Supreme Court to lay down specific guidelines for 
7. The exercise of power by the President is not subject to judicial review 
irrational, mala fideor 
8. Where the earlier petition for mercy has been rejected by the President, stay 
Page 3


 
Article 72 of the Constitution empowers th
persons who have been tried and convicted of
the: 
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.
The pardoning power of the President is inde
executive power. But, the President while 
a court of appeal. The object of conferr
fold: (a) to keep the door open for correc
of law; and, (b) to afford re
unduly harsh. 
The pardoning power of the President includes the following:
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
2. Commutation: It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission: It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous im
be remitted to rigorous imprisonment for one year.
4. Respite: It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
the pregnancy of a woman offender.
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President.
Under Article 161 of the Constitution, the governor of a state also
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and
 
Article 72 of the Constitution empowers the President to grant pardons to 
persons who have been tried and convicted of any offence in all cases where 
1. Punishment or sentence is for an offence against a Union Law; 
Punishment or sentence is by a court martial (military court); and 
3. Sentence is a sentence of death. 
The pardoning power of the President is independent of the Judiciary; it is 
executive power. But, the President while exercising this power, does not 
a court of appeal. The object of conferring this power on the President 
fold: (a) to keep the door open for correcting any judicial errors in the
of law; and, (b) to afford relief from a sentence, which the President regards as 
The pardoning power of the President includes the following: 
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous imprisonment for two years
be remitted to rigorous imprisonment for one year. 
It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
woman offender. 
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President. 
Under Article 161 of the Constitution, the governor of a state also possesses the 
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and commute the 
e President to grant pardons to 
any offence in all cases where 
 
pendent of the Judiciary; it is an 
exercising this power, does not sit as 
ing this power on the President is two-
ting any judicial errors in the operation 
President regards as 
1. Pardon It removes both the sentence and the conviction and completely 
absolves the convict from all sentences, punishments and disqualifications. 
It denotes the substitution of one form of punishment for a 
lighter form. For example, a death sentence may be commuted to rigorous 
imprisonment, which in turn may be commuted to a simple imprisonment. 
It implies reducing the period of sentence without changing its 
prisonment for two years may 
It denotes awarding a lesser sentence in place of one originally 
awarded due to some special fact, such as the physical disability of a convict or 
5. Reprieve It implies a stay of the execution of a sentence (especially that of 
death) for a temporary period. Its purpose is to enable the convict to have time 
possesses the 
pardoning power. Hence, the governor can also grant pardons, reprieves, 
ommute the 
 
sentence of any person convicted of any offence against a state
pardoning power of the governor differs from that of the
President in following two respects:
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot.
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and
have concurrent power in respect of suspension, remission
death sentence. 
The Supreme Court examined the pardoning power of the President under
different cases and laid down the following principles:
1. The petitioner for mercy has no right to an oral hearing
2. The President can examine the evidence afresh and take a view different
the view taken by the court. 
3. The power is to be exercised by the President on the advice of the union
cabinet. 
4. The President is not bound to give reasons for his order.
5. The President can afford relief not only from a sentence that he regards as
unduly harsh but also from an evident mistake.
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President.
7. The exercise of power by the President is not subject to judicial review
except where the presidential decision is arbitrary,
discriminatory. 
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition.
 
sentence of any person convicted of any offence against a state law. But, the 
pardoning power of the governor differs from that of the 
President in following two respects: 
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot. 
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and the President 
have concurrent power in respect of suspension, remission and commutation of 
The Supreme Court examined the pardoning power of the President under
rent cases and laid down the following principles: 
1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a view different
 
The power is to be exercised by the President on the advice of the union
4. The President is not bound to give reasons for his order. 
5. The President can afford relief not only from a sentence that he regards as
arsh but also from an evident mistake. 
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President. 
7. The exercise of power by the President is not subject to judicial review
ential decision is arbitrary, irrational, mala fideor
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition. 
law. But, the 
1. The President can pardon sentences inflicted by court martial (military 
2. The President can pardon death sentence while governor cannot. Even if a 
state law prescribes death sentence, the power to grant pardon lies with the 
President and not the governor. However, the governor can suspend, remit or 
the President 
and commutation of 
The Supreme Court examined the pardoning power of the President under 
by the President. 
2. The President can examine the evidence afresh and take a view different from 
The power is to be exercised by the President on the advice of the union 
5. The President can afford relief not only from a sentence that he regards as 
6. There is no need for the Supreme Court to lay down specific guidelines for 
7. The exercise of power by the President is not subject to judicial review 
irrational, mala fideor 
8. Where the earlier petition for mercy has been rejected by the President, stay 
 
In our constitutional structure, the President occupies a unique position. B.R. 
Ambedkar explained the role and position of t
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the executive. He represents the nation but does not rule 
symbol of the nation. His place in the administration is that of a ceremonial 
device of a seal by which the nation
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
real power but we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
a head that neither reigns nor governs; it wants
Our Constitution framers made the
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
parliament bear true faith and allegiance to the Constituti
comments how the President 
Constitution and the law”. 
Soli Sorabjee writes how crucial
it is a fallacy that the President of India is a ceremonial figurehead and has no 
meaningful role to play. As a general rule,
accordance with ministerial advice. However,
ministry to reconsider its advice if he
There are some areas judicially recognised in which the President can
according to his individual judgment,
which has lost its majority; (b) request for dissolution of the House; (c) the 
choice of the Prime Minister. In the last case,
is that the person chosen would be able to provide a government with 
reasonable prospect of stability.
In the first two decades of our republic, the office of the President mostly 
remained in the background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
and people’s trust in the office of the Presid
 
In our constitutional structure, the President occupies a unique position. B.R. 
Ambedkar explained the role and position of the President during the framing of 
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the executive. He represents the nation but does not rule the nation. He is the 
symbol of the nation. His place in the administration is that of a ceremonial 
device of a seal by which the nation’s decisions are made known.” 
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
t we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
a head that neither reigns nor governs; it wants to create a great figurehead…”
Our Constitution framers made the President a figurehead. However, their intent 
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
parliament bear true faith and allegiance to the Constitution, Shubhankar Dam 
comments how the President takes the oath to “protect and defend the 
how crucial the position of the President is.  He argues that 
hat the President of India is a ceremonial figurehead and has no 
meaningful role to play. As a general rule, the President is obliged to act in 
accordance with ministerial advice. However, the President can require the 
ministry to reconsider its advice if he has any misgivings about it. 
There are some areas judicially recognised in which the President can
according to his individual judgment, viz. (a) dismissal of the government 
which has lost its majority; (b) request for dissolution of the House; (c) the 
choice of the Prime Minister. In the last case, the principle to be borne in mind 
n chosen would be able to provide a government with 
reasonable prospect of stability. 
In the first two decades of our republic, the office of the President mostly 
e background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
and people’s trust in the office of the President. 
In our constitutional structure, the President occupies a unique position. B.R. 
he President during the framing of 
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the nation. He is the 
symbol of the nation. His place in the administration is that of a ceremonial 
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
t we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
to create a great figurehead…” 
President a figurehead. However, their intent 
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
Shubhankar Dam 
the oath to “protect and defend the 
is.  He argues that 
hat the President of India is a ceremonial figurehead and has no 
the President is obliged to act in 
the President can require the 
There are some areas judicially recognised in which the President can act 
viz. (a) dismissal of the government 
which has lost its majority; (b) request for dissolution of the House; (c) the 
the principle to be borne in mind 
n chosen would be able to provide a government with 
In the first two decades of our republic, the office of the President mostly 
e background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
Page 4


 
Article 72 of the Constitution empowers th
persons who have been tried and convicted of
the: 
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.
The pardoning power of the President is inde
executive power. But, the President while 
a court of appeal. The object of conferr
fold: (a) to keep the door open for correc
of law; and, (b) to afford re
unduly harsh. 
The pardoning power of the President includes the following:
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
2. Commutation: It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission: It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous im
be remitted to rigorous imprisonment for one year.
4. Respite: It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
the pregnancy of a woman offender.
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President.
Under Article 161 of the Constitution, the governor of a state also
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and
 
Article 72 of the Constitution empowers the President to grant pardons to 
persons who have been tried and convicted of any offence in all cases where 
1. Punishment or sentence is for an offence against a Union Law; 
Punishment or sentence is by a court martial (military court); and 
3. Sentence is a sentence of death. 
The pardoning power of the President is independent of the Judiciary; it is 
executive power. But, the President while exercising this power, does not 
a court of appeal. The object of conferring this power on the President 
fold: (a) to keep the door open for correcting any judicial errors in the
of law; and, (b) to afford relief from a sentence, which the President regards as 
The pardoning power of the President includes the following: 
1. Pardon It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and disqualifications
It denotes the substitution of one form of punishment for
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
It implies reducing the period of sentence without changing
character. For example, a sentence of rigorous imprisonment for two years
be remitted to rigorous imprisonment for one year. 
It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict
woman offender. 
5. Reprieve It implies a stay of the execution of a sentence (especially that
death) for a temporary period. Its purpose is to enable the convict to have
to seek pardon or commutation from the President. 
Under Article 161 of the Constitution, the governor of a state also possesses the 
pardoning power. Hence, the governor can also grant pardons,
respites and remissions of punishment or suspend, remit and commute the 
e President to grant pardons to 
any offence in all cases where 
 
pendent of the Judiciary; it is an 
exercising this power, does not sit as 
ing this power on the President is two-
ting any judicial errors in the operation 
President regards as 
1. Pardon It removes both the sentence and the conviction and completely 
absolves the convict from all sentences, punishments and disqualifications. 
It denotes the substitution of one form of punishment for a 
lighter form. For example, a death sentence may be commuted to rigorous 
imprisonment, which in turn may be commuted to a simple imprisonment. 
It implies reducing the period of sentence without changing its 
prisonment for two years may 
It denotes awarding a lesser sentence in place of one originally 
awarded due to some special fact, such as the physical disability of a convict or 
5. Reprieve It implies a stay of the execution of a sentence (especially that of 
death) for a temporary period. Its purpose is to enable the convict to have time 
possesses the 
pardoning power. Hence, the governor can also grant pardons, reprieves, 
ommute the 
 
sentence of any person convicted of any offence against a state
pardoning power of the governor differs from that of the
President in following two respects:
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot.
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and
have concurrent power in respect of suspension, remission
death sentence. 
The Supreme Court examined the pardoning power of the President under
different cases and laid down the following principles:
1. The petitioner for mercy has no right to an oral hearing
2. The President can examine the evidence afresh and take a view different
the view taken by the court. 
3. The power is to be exercised by the President on the advice of the union
cabinet. 
4. The President is not bound to give reasons for his order.
5. The President can afford relief not only from a sentence that he regards as
unduly harsh but also from an evident mistake.
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President.
7. The exercise of power by the President is not subject to judicial review
except where the presidential decision is arbitrary,
discriminatory. 
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition.
 
sentence of any person convicted of any offence against a state law. But, the 
pardoning power of the governor differs from that of the 
President in following two respects: 
1. The President can pardon sentences inflicted by court martial (militar
courts) while the governor cannot. 
2. The President can pardon death sentence while governor cannot. Even if a
state law prescribes death sentence, the power to grant pardon lies with
President and not the governor. However, the governor can suspend,
commute a death sentence. In other words, both the governor and the President 
have concurrent power in respect of suspension, remission and commutation of 
The Supreme Court examined the pardoning power of the President under
rent cases and laid down the following principles: 
1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a view different
 
The power is to be exercised by the President on the advice of the union
4. The President is not bound to give reasons for his order. 
5. The President can afford relief not only from a sentence that he regards as
arsh but also from an evident mistake. 
6. There is no need for the Supreme Court to lay down specific guidelines
the exercise of power by the President. 
7. The exercise of power by the President is not subject to judicial review
ential decision is arbitrary, irrational, mala fideor
8. Where the earlier petition for mercy has been rejected by the President,
cannot be obtained by filing another petition. 
law. But, the 
1. The President can pardon sentences inflicted by court martial (military 
2. The President can pardon death sentence while governor cannot. Even if a 
state law prescribes death sentence, the power to grant pardon lies with the 
President and not the governor. However, the governor can suspend, remit or 
the President 
and commutation of 
The Supreme Court examined the pardoning power of the President under 
by the President. 
2. The President can examine the evidence afresh and take a view different from 
The power is to be exercised by the President on the advice of the union 
5. The President can afford relief not only from a sentence that he regards as 
6. There is no need for the Supreme Court to lay down specific guidelines for 
7. The exercise of power by the President is not subject to judicial review 
irrational, mala fideor 
8. Where the earlier petition for mercy has been rejected by the President, stay 
 
In our constitutional structure, the President occupies a unique position. B.R. 
Ambedkar explained the role and position of t
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the executive. He represents the nation but does not rule 
symbol of the nation. His place in the administration is that of a ceremonial 
device of a seal by which the nation
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
real power but we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
a head that neither reigns nor governs; it wants
Our Constitution framers made the
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
parliament bear true faith and allegiance to the Constituti
comments how the President 
Constitution and the law”. 
Soli Sorabjee writes how crucial
it is a fallacy that the President of India is a ceremonial figurehead and has no 
meaningful role to play. As a general rule,
accordance with ministerial advice. However,
ministry to reconsider its advice if he
There are some areas judicially recognised in which the President can
according to his individual judgment,
which has lost its majority; (b) request for dissolution of the House; (c) the 
choice of the Prime Minister. In the last case,
is that the person chosen would be able to provide a government with 
reasonable prospect of stability.
In the first two decades of our republic, the office of the President mostly 
remained in the background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
and people’s trust in the office of the Presid
 
In our constitutional structure, the President occupies a unique position. B.R. 
Ambedkar explained the role and position of the President during the framing of 
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the executive. He represents the nation but does not rule the nation. He is the 
symbol of the nation. His place in the administration is that of a ceremonial 
device of a seal by which the nation’s decisions are made known.” 
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
t we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
a head that neither reigns nor governs; it wants to create a great figurehead…”
Our Constitution framers made the President a figurehead. However, their intent 
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
parliament bear true faith and allegiance to the Constitution, Shubhankar Dam 
comments how the President takes the oath to “protect and defend the 
how crucial the position of the President is.  He argues that 
hat the President of India is a ceremonial figurehead and has no 
meaningful role to play. As a general rule, the President is obliged to act in 
accordance with ministerial advice. However, the President can require the 
ministry to reconsider its advice if he has any misgivings about it. 
There are some areas judicially recognised in which the President can
according to his individual judgment, viz. (a) dismissal of the government 
which has lost its majority; (b) request for dissolution of the House; (c) the 
choice of the Prime Minister. In the last case, the principle to be borne in mind 
n chosen would be able to provide a government with 
reasonable prospect of stability. 
In the first two decades of our republic, the office of the President mostly 
e background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
and people’s trust in the office of the President. 
In our constitutional structure, the President occupies a unique position. B.R. 
he President during the framing of 
the Constitution. He specified that it was similar to that of the king under the 
English Constitution. He said that the President “is the Head of State but not of 
the nation. He is the 
symbol of the nation. His place in the administration is that of a ceremonial 
Jawaharlal Nehru reiterated this position. He said, “We did not give him any 
t we have made his position one of authority and dignity. The 
Constitution wants to create neither a real executive nor a mere figurehead, but 
to create a great figurehead…” 
President a figurehead. However, their intent 
of a ceremonial president certainly did not reflect in the oath that every 
President takes before assuming office. So, while ministers and members of 
Shubhankar Dam 
the oath to “protect and defend the 
is.  He argues that 
hat the President of India is a ceremonial figurehead and has no 
the President is obliged to act in 
the President can require the 
There are some areas judicially recognised in which the President can act 
viz. (a) dismissal of the government 
which has lost its majority; (b) request for dissolution of the House; (c) the 
the principle to be borne in mind 
n chosen would be able to provide a government with 
In the first two decades of our republic, the office of the President mostly 
e background. Its greatest test came in June, 1975, when 
President Fakhruddin Ali Ahmed was asked to sign the proclamation of internal 
emergency. His approval of the Emergency around midnight shook the country 
 
This confidence was eroded further with successive Presidents toeing the 
political line of the executive. Using the power under Article 356, many 
democratically elected state governments were dismissed, and President’s Rule 
imposed in states. President N. Sanjiva Reddy used this provision to impose 
President’s Rule in nine states in 1980 when Prime Minister Indira Gandhi was 
in power. 
However, the implication that Presidents have never defended the Indian 
Constitution, or vocalised issues facing the country, is also not correct. 
President Kalam refused to sign a bill preventing the disqualification of MPs 
and MLAs who were holding an office of profit.
Post Office Amendment Bill, President Zail Singh prevented a law from coming 
into force which would have violated the privacy of personal correspondence. 
President Pranab Mukherjee has repeatedly called for preserving plura
promoting tolerance in the country.
 
This confidence was eroded further with successive Presidents toeing the 
political line of the executive. Using the power under Article 356, many 
democratically elected state governments were dismissed, and President’s Rule 
nt N. Sanjiva Reddy used this provision to impose 
President’s Rule in nine states in 1980 when Prime Minister Indira Gandhi was 
plication that Presidents have never defended the Indian 
Constitution, or vocalised issues facing the country, is also not correct. 
President Kalam refused to sign a bill preventing the disqualification of MPs 
and MLAs who were holding an office of profit. By postponing his assent to the 
Post Office Amendment Bill, President Zail Singh prevented a law from coming 
into force which would have violated the privacy of personal correspondence. 
President Pranab Mukherjee has repeatedly called for preserving plura
promoting tolerance in the country. 
This confidence was eroded further with successive Presidents toeing the 
political line of the executive. Using the power under Article 356, many 
democratically elected state governments were dismissed, and President’s Rule  
nt N. Sanjiva Reddy used this provision to impose 
President’s Rule in nine states in 1980 when Prime Minister Indira Gandhi was 
plication that Presidents have never defended the Indian 
Constitution, or vocalised issues facing the country, is also not correct. 
President Kalam refused to sign a bill preventing the disqualification of MPs 
By postponing his assent to the 
Post Office Amendment Bill, President Zail Singh prevented a law from coming 
into force which would have violated the privacy of personal correspondence. 
President Pranab Mukherjee has repeatedly called for preserving pluralism and