Judicial Review and Pardoning Power of President: An Analysis
Journal Title: Indian Journal of Law and Human Behavior - Year 2017, Vol 3, Issue 2
Abstract
In common parlance, to pardon means to forgive a person of his offence. The term ‘pardon’ has been defined as an act of grace, proceeding from the power entrusted with the execution of the law, which exempts the individual on whom it is bestowed upon, from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender. In other words, grant of pardon wipes off the guilt of accused and brings him to the original position of innocence as if he had never committed the offence for which he was charged. Under Indian law, the President of India and the Governors of States have been given the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence. In law, pardon is an exemption from punishment for a criminal conviction granted by the grace of the executive of the government. A general pardon, to a class of persons guilty of the same offence, is an amnesty. A pardon terminates criminal liability, including any restriction that results from a criminal conviction though the person is not exonerated from the civil liability that a crime may have incurred. A pardon is thus to be distinguished from alleviation of punishment, such as commutation of sentence, reprieve and parole which does not nullify the conviction and all effects. Justice Holmes of US Supreme Court has said that pardon as of today is not an act of grace but is a constitutional scheme which when granted is determination of the ultimate authority that the public welfare will be served by inflicting less than what the judgment fixed. Montesquieu believed in significance of clemency in the monarchical system.
Authors and Affiliations
Aparna Singh
Keywords
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- EP ID EP453223
- DOI 10.21088/ijlhb.2454.7107.3217.4
- Views 88
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