Can President pardon state crimes in India?

According to Article 72, the President has the authority to give pardons, reprieves, respites, or remissions of penalty, as well as to suspend, remit, or commute the sentence of anyone guilty of a crime. The Governor of a state has a similar power under Article 161 of the Indian Constitution.

Can the President of India pardon court martial?

The power of the President to grant clemency extends in the cases where the punishment is by the Court Martial but Article 161 does not provide such power to the Governor under Indian Constitution.

Is pardoning power of President subject to judicial review in India?

But its greatest dilution has occurred in India. The Supreme Court has conclusively established in the landmark cases of Maru Ram and Kehar Singh that the power of pardon is subject to judicial scrutiny. In subsequent cases, the Court enumerated specific grounds on which such scrutiny could be exercised.

Can pardoning power of President be challenged?

Granting of clemency by the President or Governor can be challenged on the following grounds: · The order has been passed without application of mind. · The order is mala fide. · The order has been passed on extraneous or wholly irrelevant considerations.

Is pardoning power of President subject to judicial review Upsc?

Exercise of these powers: This power of pardon shall be exercised by the President on the advice of Council of Ministers. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

Who can pardon a sentence of death?

Under Article 72 of the Constitution, 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 where the sentence is a sentence of death.

Can the President reduce a sentence?

The President’s clemency power includes the authority to commute, or reduce, a sentence imposed upon conviction of a federal offense, including the authority to remit, or reduce, the amount of a fine or restitution order that has not already been paid.

Does Governor has pardoning power?

Article 161 mentions the Pardoning Power of the Governor. When a convict has committed an offence against state law, the concerned punishment can be granted the pardon, reprieve, respite and remission by the Governor of the state.

What is contempt of court under Indian Constitution?

Contempt of Court – Position Under the Constitution Constitution of India -Art. 129 :Supreme Court to be a court of record. —The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Art.215: High Courts to be courts of record.

What happens when a president pardons a person?

When the President chooses the pardoning power of ‘Reprieve’; he stays the execution of a sentence (especially that of death) for a temporary period. By doing this, he enables the convict to have time to seek pardon or commutation from him

What is an example of a pardoning power?

When the President chooses to use this pardoning power of ‘Commute; he substitutes one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment.

What is contempt of Courts Act 1971?

The Contempt of Courts Act,1971 Objective: To define & limit powers of certain courts in punishing contempt of courts & to uphold the majesty and dignity of law courts and their image in the minds of the public is no way whittled down. Contempt of court ” – civil contempt or criminal contempt.