power when the Executive exercised
its powers. The other way was to say that while both had
powers, so far as pardon and remission were ... Constitution. He particularly emphasised that the
two powers, namely, the power of the Executive to grant
pardon, in its comprehensive sense, and of the Judiciary
view that a
pardon may be held void where it appears from
the pardon that the pardoning power was
misinformed; but there is also authority ... Legal Nature of a Pardon
In the first case to be decided concerning
the pardoning power, Chief Justice Marshall,
speaking for the Court, said
substantive power. The power has to
be derived from the statutory provisions. Section 306
confers the power to grant pardon in respect of serious
offences ... natural justice. The
conferment of that inherent power does not include the
power to grant pardon, which cannot be said to be a matter
cases where the power of Union of India extends. Under Article 161 of the
Constitution, the power to grant pardons, to suspend, remit or commute ... imprisonment for
life as provided therein.
The philosophy underlying the pardon power is that "every
civilized country recognizes, and has therefore provided
play of power.
24. It is noteworthy that in Kehar Singh's case
(supra) the contention that the power of pardon can
be exercised ... which the said
powers could be exercised.
32. Thereafter the Court held as follows:
"...the said power being a constitutional power
conferred upon
parole. The distinction between pardon and commutation are that a
pardon is a complete remission of penalty by a sovereign power as
Page ... years or to
fine. This power of the Government has nothing to do with the power or
remission or pardon as envisaged by Section
argument is that the power to suspend sentence is part of the larger power to grant pardon, and is similar in character ... vests the executive power of that State. Articles 72 and 161 confer the clemency power of pardon, etc., on the President and the State Governors
invests the President with such power. The learned Chief Justice has laid down that the power to grant pardon is in essence an executive function ... President of the United States to grant pardons and reprieves thus:
The pardon power includes not only that of granting absolute and unconditional pardons
invests the President with such power. The learned Chief Justice has laid down that the power to grant pardon is in essence an executive function ... President of the United States to grant pardons and reprieves thus:
"The pardon power includes not only that of granting absolute and unconditional pardons
Article 72(1)(c)
provides that the President shall have power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit ... submitted that the power to grant pardon etc. is to be exercised by the
President not only for the benefit of the convict, but also
