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Pardoning powers under Constitution.
“The longer I live, the larger loom those . . . decisions about justice and mercy that I had to make as governor. They didn't make me feel godlike then: far from it; I felt just the opposite. It was an awesome, ultimate power over the lives of others that no person or government should have, or crave. And looking back over their names and files now, despite the horrible crimes and the catalogue of human weaknesses they comprise, I realize that each decision took something out of me that nothing--not family or work or hope for the future--has ever been able to replace." This was said by the former Governor of California Edmund G. Brown. The origin of the provision of pardoning power is rooted deep in the age of history, the age where monarchy existed, the age where omnipotent monarch existed which possess the power to punish or pardon anyone. After it being used by different Monarchs, under different stages it was used as a symbol of a god like a ruler who is having the control to punish or pardon his under subjects. The concepts of punishment and pardon are very old and they can be compared with the code of Hammurabi, where rules with Harsh penalties existed and were balanced to control difficult circumstances and to limit havoc in the territory. In the ancient Athens, democratic society the institution of clemency was not that much developed because largely the powers vested with the people and not with the monarchs. therfore they were not able to punish or pardon anyone in the ancient democratic societies. After India got independence in the year of 1947 and when the constitution was finally made in the year 1951, the Constitution makers placed this concept of pardoning citizens for president under article 72 and under 161 for Governor of the respective state. Article 72 (1) reads “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,” and there are different condition for a person to get pardon from president. However, under this power the president is not allowed to act according to his own fancy and will but he has to be guided by the council of Ministers and the Home Minister. there has been plethora of cases over this issue that whether the right given to the president for the pardoning is justified. The scope of article 72 was laid down in the case of Maru Ram vs Union of India, the court opinioned that adequate rules and regulations has be drafted and guidelines must be laid down for such provisions which have a wide ambit, proportional rise of power must be accompanied with a proportional rise in responsibilities as such powers must be protected because they are venerable have high tendency to get abused. In the case of state of Rajasthan vs Union of India it was held that whenever a question arises weather the authority under the constitution has acted ultra virus or intra virus, it has to be decided by the court as it would be its constitutional obligation to supervise the exercising of powers. There has been a big change in the executive powers since ages, as in USA there has been a concept of separation of power but in India there has been a balance of power, therefore the supervision of exercising the power can be done. Article 72 gives power to the President to pardon a person under different situation however there are certain provisions which president has to follow before granting pardon.
