Constitution Section 72 — Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Part V — THE UNION — The President and Vice-President

Constitutional

Summary

The President has the authority to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute the sentence of anyone convicted of an offence. This power applies in three situations: when the punishment or sentence is given by a Court Martial; when the punishment or sentence is for an offence against a law that falls under the Union’s executive power; and when the sentence is a death sentence. However, this does not take away the power that any officer of the Armed Forces already has under law to suspend, remit, or commute a sentence passed by a Court Martial. It also does not affect the power of a State Governor to suspend, remit, or commute a death sentence under any existing law.

Official Text

(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) 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 Governorof a State under any law for the time being in force.