Article 75 of the Indian Constitution is a provision that deals with the President’s power to grant pardons, reprieves, respites, remissions, and commutations of punishment. The President has the power to grant these to any person convicted of any offence, including those who have been sentenced to death. The President can also grant these to persons who are under sentence of imprisonment, transportation, or other forms of punishment.
The President’s power to grant pardons is discretionary. This means that the President is not bound to grant a pardon, even if the person convicted has made a request for one. The President can also refuse to grant a pardon, even if the person convicted has been sentenced to death.
The President’s power to grant pardons is subject to certain safeguards. For example, the President cannot grant a pardon to a person who has been convicted of a serious offence, such as murder or treason. The President also cannot grant a pardon to a person who has been convicted of an offence that is punishable by death.
The President’s power to grant pardons is an important safeguard against the abuse of power by the executive. It allows the President to ensure that justice is served, even in cases where the courts have made a mistake. It also allows the President to show mercy to those who have been convicted of offences, even if they do not deserve it.
Article 75 of the Indian Constitution is a vital part of the country’s legal system. It ensures that justice is served, even in the most difficult cases. It also allows the President to show mercy to those who have been convicted of offences, even if they do not deserve it.
Frequently Asked Questions
- What is Article 75 of the Indian Constitution?
Article 75 of the Indian Constitution is a provision that deals with the President’s power to grant pardons, reprieves, respites, remissions, and commutations of punishment.
- Who can the President grant pardons to?
The President can grant pardons to any person convicted of any offence, including those who have been sentenced to death.
- Is the President’s power to grant pardons discretionary?
Yes, the President’s power to grant pardons is discretionary. This means that the President is not bound to grant a pardon, even if the person convicted has made a request for one.
- What are the safeguards against the abuse of the President’s power to grant pardons?
The President cannot grant a pardon to a person who has been convicted of a serious offence, such as murder or treason. The President also cannot grant a pardon to a person who has been convicted of an offence that is punishable by death.
- Why is Article 75 of the Indian Constitution important?
Article 75 of the Indian Constitution is an important safeguard against the abuse of power by the executive. It allows the President to ensure that justice is served, even in cases where the courts have made a mistake. It also allows the President to show mercy to those who have been convicted of offences, even if they do not deserve it.
MCQs
- Which of the following is not a power of the President under Article 75 of the Indian Constitution?
(a) Granting pardons
(b) Granting reprieves
(c) Granting respites
(d) Granting remissions
- The President’s power to grant pardons is:
(a) Mandatory
(b) Discretionary
(c) Both mandatory and discretionary
(d) Neither mandatory nor discretionary
- The President cannot grant a pardon to a person who has been convicted of:
(a) A serious offence
(b) An offence that is punishable by death
(c) Both a serious offence and an offence that is punishable by death
(d) Neither a serious offence nor an offence that is punishable by death
- Article 75 of the Indian Constitution is an important safeguard against:
(a) The abuse of power by the executive
(b) The abuse of power by the judiciary
(c) The abuse of power by the legislature
(d) Both the abuse of power by the executive and the abuse of power by the judiciary
- The President’s power to grant pardons is subject to the following safeguards:
(a) The President cannot grant a pardon to a person who has been convicted of a serious offence
(b) The President cannot grant a pardon to a person who has been convicted of an offence that is punishable by death
(c) Both (a) and (b)
(d) Neither (a) nor (b)