In India, the roots of the pardoning power may also be found in the Family. With the development of the society the law of pardon also Developed frequently and systematically especially as a corrective Measure. One of the oldest methods of corrective measures for the Criminals may be traced to the time when there was no King or the head of The society. This method was known as Prayaschita or expiation. It was being Performed by the wrongdoer himself. In fact the person who committed a Crime or sin called pataka was used to approach God for the Forgiveness if he felt guilty. In other words initially it was a method of self Purification exercised by the offender himself. With the passage of the time the law was codified. Before the era of Codification of law the power to grant pardon was being exercised as The basic purpose or objective remained same Throughout the period of time. Such powers of mercy were also exercised in India by the Mughal Emperors and rulers as well. In the early years of the East India Company's operation, mercy in their courts remained limited to the Prerogative powers of the British King-Emperor sentences after the Establishment of the Sadar Nizamat Adalat in 1772. Eventually with the Merger of the mofussil and presidency systems, statutory clemency powers Were provided for in the Indian Penal Code and the Code of Criminal Procedure that were enacted in 1860 and 1861 respectively. During this British period so many laws were framed wherein the law of pardon was Contained. Even after the independent the power to grant pardon was kept alive in the constitution of India. Almost all the countries of the world the executive powers are Exercised in the name of the Head of the State. These powers may be Termed as extraordinary powers which also include the power to grant Pardon. These powers are generally given first to distinguish their foremost Position under their respective constitution and secondly to correct Possible judicial errors and miscarriage of justice which may occasionally Occur in the administration of justice. As a matter of fact �no human system Of judicial administration can ever claim to be free from imperfections Howsoever competent and efficient it may be. Therefore in order to avoid The miscarriage of justice the power to grant pardon has been given by the Concerned constitution to the head of the State i.e. the Crown in England, The Governor-General in New Zealand, the President in United States, France, South Africa, Pakistan, Sri Lanka and to the Standing Committee Of National People's Congress in China so on and so forth. Similarly the Constitution of India which was passed on 26 of November, 1949 and Came into force on 26 of January 1950 also confers the power to grant pardon on the President of India who is the head of Indian Republic. But under the Constitution of India it is not only the President who can Exercise this power but the Governors of the concerned States are also Empowered to exercise this extraordinary power within their respective States. The preamble of the Constitution of India which contains the aims And objectives of the constitution also talks about the justice as an Important and necessary part of the constitution. Justice, liberty and equality are the hallmarks of the Indian Constitution. Liberty of course is the basic human right. The concept of Liberty, coupled with the concept of justice and equality, together made the Founding fathers of the Indian Constitution realise the paramount need to Ensure that justice is done to all, including the protection of liberty and that While doing justice and guaranteeing liberty, the concept of equality, Including fair play and objective, is not lost at sight on. Keeping in view the Basic aim and objective of the Constitution the Founding Fathers of the Indian Constitution inserted two provisions i.e. Art 72 and Art. 161 and empowered the President and the Governor of the Concerned State to deliver justice to a person if the punishment appears to Be harsh. The very first provision dealing with pardoning power is contained in The Art 72 of the Constitution of India. It confers the pardoning power on The President in the following words: Power of President to grant pardons, etc and to suspend, Remit or commute sentences in certain cases:
Nature of Orders that can be issued by the President: By virtue of clause (1) of Article 72 of the Constitution of India the President of India can issue the following five types of orders:
So far as the power of the Governor under the Constitution is Concerned it is contained in Article 161 that reads as under: The Governor of a State shall have power to grant pardons, Reprieves, respites or remissions of punishments or to Suspend, remit or commute the sentence of any person Convicted of any offence against any law relating to a matter to Which the executive power of the State extends. Just like the President of India the Governor of the State concerned Also have a power to issue five types of orders under Article 161. The Orders that can be passed under this Article are:
Conclusion: The Constitution of India not only contains the power to grant pardon But also provides for the exercise of power to grant reprieves, respite, Remission and commutation of a sentence. All these powers can be Exercised by the President of India and the Governors of the concerned State. It is true that the nature manner etc. Of this pardoning power to be Exercised by both of them is similar but still there is no clash of power Conferred upon these two distinct bodies. The main reason behind this is That the area or extent of this power has already been defined specifically By the founding father of the Constitution of India. Moreover it has also Been taken care of that the power of the President to grant pardon shall Not come in conflict with the power of the President to grant pardon shall Not come in conflict with the power of the officers who enjoy the similar kind of powers under the Laws for the Armed forces.The major loophole is That this constitutional power is required to be exercised only on the aid And advice of the council of ministers. Moreover, the Constitution does not Provide for any specific procedure and guidelines to be followed for Presentation and disposal of the mercy petitions, thereby increasing the Possibility of misuse of the power. Therefore the ruling party can easily Misuse or abuse this precious power. Law Article in India
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