how does a presidential pardon work?
Forgiveness of President
- This process begins by filing a mercy petition with the President under Article 72 of the Constitution of India.
- After this, it is sent to the Ministry of Home Affairs to consider the petition, after which the concerned state government consulted.
- The petition is sent back to the President after consultation on the recommendation of the Minister.
Purpose of Kashmadan: -
- A conviction can protect an innocent person from being punished due to a court mistake or in cases of suspicious punishment.
There are two forms of this power received by the President: -
- To rectify a judicial error in the use of the law.
- If the President considers the nature of punishment more stringent, then to defend it.
Judicial Stance on Possession Powers: -
The constitutional bench of the Supreme Court of India in Amaru Ram v. Union of India (1980) said that the power under Article 72 should be exercised on the advice of the Central Government and not by the President at his discretion and for the President Advice is binding.