Topic – Part of static series under the heading “Clemency powers”
1)Explain the clemency powers of the president under article 72? Discuss the clarifications given by Supreme Court regarding the clemency powers of the president?(250 words)
Key demand of the question
The question expects us to first explain the content of Article 72. Thereafter we have to detail the various judgments of SC which have given several clarifications, guidelines and check on the power of president under Article 72.
Explain – Clemency power of the president under art 72 has to be explained.
Discuss – Here the discussion should revolve around the rulings of SC related to clemency powers.
Structure of the answer
Introduction – Mention the constitution under article 73 provides clemency powers.
- Explain what clemency powers under article 72 entail
- Discuss the main points of the SC judgment in cases like Kehar Singh, Mani Ram cases where the SC has mentioned that this power is liable to be judicially reviewed if exercised in an unfair, whimsical, arbitrary manner. The court has also given several guidelines on what should the scope of president’s power be.
- Discuss certain cases such as Shatrughan Chauhan, 2014 where the SC has commented upon the pardoning power of the president in case of death penalty
Conclusion – Mention why such a power has been given and the need to exercise it judiciously and neutrally.