Introduction

The president’s pardoning power is defined in part IV of the Constitution of India, particularly in Article 124. This paper aims to reveal the degree of presidential pardoning power and the existing restrictions.

 What is Article 124?

According to Article 124, pardoning power belongs to the president. Who can reduce, remit, mitigate any punishment, suspend, or commute the sentence passed upon any person for an offense.

It means the president can choose to:

1. Exonerate an individual convicted of a crime (a pardon removes the possibility of further punishment and repercussions of the imposed penalty).
2. Shorten someone’s term (a mercy or stay means the punishment is only temporarily suspended).
3. Pardon, suspend all or part of the sentence (a remission halts the sentence)

The president also exercises this power on the advice of the union cabinet. Article 124 applies in cases of punishment by court-martial and complaints to the Supreme Court or High Courts, and the president can invoke it. It does not include contempt of court matters.

Scope and Limits of Article 124

The president’s pardoning power has the following scope and limits:

1. It applies to sentences given under union as well as state laws. The president, however, cannot pardon sentences under state laws without the permission of the governor of the state.
2. It is important to note that Article 124 does not specify any conditions allowing such pardons to be issued – it is up to the president.
3. The sole limitation of the pardons is that they cannot prevent an impeachment process by the president in Parliament.
4. The president of Somalia has the final say on who will serve in his cabinet under Article 124. The court of law cannot challenge or reverse the decision.

Advantages & Criticisms

Pardoning and remitting constitutes an opportunity for the president to dispense justice, particularly in the circumstances that the legal process has let down. However, the opponents state that this power may be abused and is sometimes inimical to the public interest. Still, on a large scale, Article 124 protects against miscarriage of justice.

Conclusion

Article 124 of the Indian Constitution grants the president the exclusive authority to pardon, reduce, remit, or commute the sentences of individuals convicted of offenses. This power allows the president to forgive individuals, shorten prison terms, or halt sentences temporarily. The president exercises this authority based on the union cabinet’s advice and applies it to courts-martial and inevitable judicial complaints, excluding contempt of court cases.

While the president can grant pardons for offenses under union and state laws, pardons related to state laws require the governor’s consent. The president’s pardoning power has no specified conditions except that it cannot interfere with impeachment proceedings. This authority can serve as a means to address instances of judicial failure, although critics argue it may be misused to the detriment of public interest. Nonetheless, Article 124 primarily serves to prevent miscarriages of justice.