(5) Pardoning Power :- Article 72 empowers the President to grant pardons,

reprieves, respites or remissions of punishment or to suspend, remit or

commute the sentence of any person convicted of any offence. The pardoning
power of the President extends to the following cases :

(a) in all cases where the punishment or sentence is by a Court Martial, or

(b) in all cases where the punishment or sentence is for an offence against any
law relating to a matter to which the executive power of the union
extends, or
(c) in all cases where the sentence is a sentence of death.

The nature of this power is judicial. The object of conferring this power is
to correct judicial errors which may be committed by the Court. A pardon
completely absolves the offender from all sentences and punishments and
disqualifications and places him in the same position as if he had never
committed the offence. Reprieve means temporary suspension of sentence
fixed by law. Respite means awarding a lesser punishment on some special
grounds. Remission means reducing the amount of sentence without changing
its character. Commutation means substitution of one form of punishment for
another of a lighter character. This pardoning power can be exercised by the
president before, during or after trial. In the case of Maru Ram v. union of India
(AIR 1961 SC), the Supreme Court has held that the power to pardon is exercised
by the President on the advice of the Council of the Ministers. In the case of
Kehar Singh v. Union of India (AIR1989 SC), the Supreme Court reiterated the
same view. In the case of Kuljit Singh v. Lt. Governor of Delhi (1982 SCR), the
Supreme Court said that the President’s power to commute any sentence is very
wide but it does not include the power to enhance the sentence. In the case of
Harbans Singh v. State of U.P. ((AIR 1982 SC), the Supreme Court has held that
this Court may recommend to the President, in a fit case, for pardon. In the case
of Sher Singh v. State of Punjab (AIR 1983 S.C.) the Supreme Court has held that
the petitions for pardon must be disposed of expeditiously. The long delay tends
to shake the confidence of the people in very system of justice.

Judicial review :- In the case of Kehar Singh v. Union of India (AIR 1989 SC), the
Supreme Court has examined the scope of Pardoning power of the President.
The Court held that the President can scrutinize the evidence on the record and
come to a different conclusion from that recorded by the Court in regard to the
guilt of accused and sentence imposed on the accused. In doing so, the President
does not amend or modify or supersede the judicial record. The accused had no
right to be heard by the President. The manner of consideration of the petition
lies entirely within the discretion of the President. The Court need not spell out
specific guidelines for the exercise of power under Article 72. The power given
under this article is of the widest amplitude. The President cannot be asked to
give reasons for this order. The order of the President cannot be subjected to
judicial review on its merits. The convicted person had no right to be heard by
the President. In the case of Epuru Sudhakar v. Govt. of A.P. (AIR 2006 SC), the
Supreme Court has held that the judicial review of the President’s power of
pardon can be made. Pardoning power cannot be exercised on the basis of caste
or political reasons. It can be impugned on the ground that it is passed without
application of mind or it is mala fide or it is passed on extraneous or wholly
irrelevant considerations or it is arbitrary.

(6) Emergency powers :- Articles-352 to 360 of the Constitution confer

emergency powers on the President. These powers are as following :

(1) According to Article 352, the President is empowered to proclaim the

national emergency, if he is satisfied that there is threat to security of India
by war or external aggression or armed rebellion or there is reasonable
apprehension of any of it.
(2) Article 356 provides that if the President, on receipt of a report from the
Governor of a State or otherwise, is satisfied that a situation has arisen in
which the Government of the State cannot be carried on in accordance
with the provisions of this Constitution, he may proclaim failure of
Constitutional machinery in that State.
(3) According to Article 360, if the President is satisfied that a situation has
arisen whereby the financial stability or credit of India or of any part of the
territory thereof is threatened, he may proclaim the financial emergency.

Privileges of the President :- Article 361 of the Constitution guarantees the

following privileges to the President and Governor of a State :

(1) The President shall not be answerable to any Court for the exercise and
performance of the powers and duties of his office.
(2) No criminal proceeding whatsoever shall be instituted and continued
against the President in any Court during the term of office.
(3) No process for the arrest or imprisonment of the President shall be issued
from any Court during his term of office.
(4) No civil proceedings in which relief is claimed against the President shall be
instituted during his term of office in any Court in respect of any act done
or purporting to be done by him in his personal capacity whether before or
after he had entered upon his office until a notice in writing has been given
to the President and two months have passed after the service of such
notice and the notice states the nature of proceeding, the cause of action,
the name, residence and description of the party taking the proceedings
and the relief claimed. ‘‘””