Vol. 4, Issue 2 (2018)
Article 72: pardoning power not unbridled
Author(s): Dr. Sandhya Verma, Ankit Prasad
Abstract: Since the time of inception of our nation’s constitution, the President has been bestowed upon with the power to grant clemency to accused or convicted persons in certain criminal cases. While this power is furnished to him to eliminate unnecessary harshness or remedy mistake in the administration of criminal law, it is contested by many that this right given to the highest authority of the country goes against the very essence of the rule of law. There has been great amount of adjudication on this matter and while it has been affirmed that the powers conferred on the executive are unhindered, recent debates on the issue have brought out the need for judicial review of the same. In the this paper I will try to examine the nature of this power entrusted with the President, the use of this power today and ultimately aim to answer the crucial question– whether this power is in conformity with notions of natural justice and rule of law.