Executive Flashcards
(16 cards)
What empowers the President to grant pardons?
Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence.
In what cases can the President grant pardons?
The President can grant pardons in cases where the punishment or sentence is for an offence against Union Law, by a court martial, or is a sentence of death.
Does the President sit as a court of appeal when exercising the pardoning power?
No, the President does not sit as a court of appeal while exercising this power.
What is the objective of the President’s pardoning power?
The objective is to keep the door open for correcting any judicial errors in the operation of law.
Article 123
Power to president to promulgate ordinance during the recess of parliament
What is the pardoning power of the President?
The pardoning power includes the ability to grant pardons, commutations, remissions, respites, and reprieves.
What does a pardon do?
A pardon removes both the sentence and the conviction, completely absolving the convict from all sentences, punishments, and disqualifications.
What is commutation?
Commutation denotes the substitution of one form of punishment for a lighter form.
For example, a death sentence may be commuted to rigorous imprisonment.
What does remission imply?
Remission implies reducing the period of a sentence without changing its character.
For example, a sentence of rigorous imprisonment for two years may be remitted to one year.
What is respite?
Respite denotes awarding a lesser sentence in place of one originally awarded due to special facts, such as physical disability or pregnancy.
What is reprieve?
Reprieve implies a stay of the execution of a sentence, especially that of death, for a temporary period.
What powers does the governor have under Article 161?
The governor can grant pardons, reprieves, respites, and remissions of punishment, or suspend, remit, and commute sentences for state law offences.
How does the President’s pardoning power differ from that of the governor?
The President can pardon sentences imposed by courts and death sentences, while the governor cannot pardon death sentences.
What principles were laid down in the Kehar Singh case regarding the President’s pardoning power?
The principles include that the petitioner has no right to an oral hearing, the President can examine evidence afresh, and the power is exercised on the advice of the union cabinet.
What is the constitutional position of the President of India?
The President is a nominal executive, with real executive power held by the council of ministers headed by the Prime Minister.
How did Dr. B.R. Ambedkar describe the President’s role?
He described the President as a functionary at the head of the Indian Union, with identity in name but limited power compared to the President of the United States.
