72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—
(1) 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—
(a) in all cases where the punishment or sentence is by a Court
Martial;
______________________________________________
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and
further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 10.
(w.e.f. 20-6-1979).
33 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(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;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause
(a) of clause
(1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause
(c) of clause
(1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor 1***
of a State under any law for the time being in force.
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