THE PARDONING POWER UNDER THE CONSTITUTION OF INDIA

AUTHOR – YUKTA* & SACHIN KUMAR**,

* STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL –YUKTASINDHI89@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – YUKTA & SACHIN KUMAR, THE PARDONING POWER UNDER THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 237-249, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“In spite of the fact that it is a significant power, the exercise of pardoning power in India has been met with a wide range of difficulties and debates.   The study into the breadth of judicial review that pertains to clemency judgements involves a number of different dimensions, such as the extent of such review, the delays that are involved with the processing of mercy petitions, and the consequences that political considerations have on these findings.  These variables, when taken together, amount to a body of jurisprudence that is both complicated and constantly developing.   Through a series of landmark decisions that have shaped the way in which this authority is exercised in contemporary settings, the Supreme Court of India has exerted a substantial amount of impact on the separation of this power.

This research conducts an investigation into the constitutional, legal, and practical aspects of the pardoning authority in India. It examines the historical development of the authority, as well as its constitutional structure, extent, judicial interpretation, and the issues that it faces today.   The purpose of this analysis of a significant constitutional provision is to improve one’s understanding of the operational dynamics of the pardoning authority within the context of India’s democratic administration.  In addition to this, it investigates the continuous importance of this power in relation to the values of justice and humanitarianism.”

Keywords – Pardon, Clemency Powers, President, Governor, Humanitarian