ARTICLE 72, 73 OF CONSTITUTION OF INDIA 1949

What is Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases? What is Extent of executive power of the Union? Article 72 and 73 of Constitution of India, 1949

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases and Extent of executive power of the Union are defined under Article 72 and 73 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 72 of Constitution of India "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;

(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) Noting in sub-clause (a) of Clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force

Article 73 of Constitution of India "Extent of executive power of the Union"

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend-

(a) to the matters with respect to which Parliament has power to make laws; and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty on agreement:

Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this constitution or in any law made by Parliament, extend in any State to matters with respect in which the Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

Home     About Us     Privacy Policy     Disclaimer     Sitemap