Constitutional text

(1) The President shall have 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 offence — (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The pardoning power is among the oldest prerogatives of a sovereign. In India it was retained from colonial practice but transferred from the Crown (Governor-General) to the elected constitutional head (President). The Supreme Court has held that the power must be exercised on the aid and advice of the Council of Ministers and that courts can review presidential pardon decisions for arbitrariness or non-consideration of relevant material.

Key Supreme Court cases

Maru Ram v. Union of India (1980)

Held that the President's pardon power under Article 72 must be exercised on the advice of the Council of Ministers, not independently.

Shatrughan Chauhan v. Union of India (2014)

Held that inordinate, unexplained delay in deciding mercy petitions is grounds for commuting a death sentence to life imprisonment; commuted 15 death sentences on this ground.

Related articles

Last reviewed: 3 July 2026