What are the powers of Article 72?
Asked by: Hiram Heller | Last update: April 5, 2026Score: 4.2/5 (63 votes)
Article 72 of the Indian Constitution grants the President the power to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences, especially in cases involving Union laws, court-martial offenses, or death sentences, serving as a vital check on the judiciary and a humanitarian measure, exercised on the advice of the government.
What powers does Article 72 grant?
Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
What are the powers of the President under Article 72?
Pardon Powers: Article 72 of the Indian Constitution gives the President of India the power to grant pardons, remit or commute sentences, grant respites or remissions of punishment, or reprieve the sentence of any person convicted of an offense in cases where: The punishment is by a Court Martial.
What is the Article 72 of the Constitution?
Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the President of India takes action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers.
Which President never pardoned?
The two U.S. presidents who never granted a pardon were William Henry Harrison, due to his death just a month into office, and James A. Garfield, who was assassinated early in his term, leaving neither president enough time to issue any.
100,000 Tons of US Naval Power Heading to Iran — 7 Days Until Arrival
Can the President pardon a court martial?
On June 26, 2024, President Biden issued a pardon proclamation for certain court-martial convictions under former Article 125 of the UCMJ. On January 21, 1977, President Carter issued a pardon proclamation for certain violations of the Military Selective Service Act.
How does article 72 affect citizens?
Article 72 empowers the President to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense in specific cases.
What is the penalty for Section 72?
(1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than ...
What crimes can a President pardon?
The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.
Who can remove a President from power?
The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official.
What is Section 72 of the Constitution?
Removal of justices from office. Section 72 of the Constitution provides that justices may only be removed from office by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity.
Can a presidential pardoned felon own a firearm?
Only the President of the United States can grant a pardon for a federal felony, which can restore the right to own firearms. The pardon does not erase the conviction but can lift certain civil restrictions associated with it, including gun rights.
Is there a time limit to apply for Article 72?
Turning to the specific way of calculation of the limitation period under Art. 72 UPCA, claims for financial compensation must not be asserted more than five years after the date on which the applicant became aware of the last fact justifying the action.
Can the President pardon someone who has not been charged?
Given these considerations, while the Constitution does not explicitly limit the President's pardon power to only those charged or convicted, the practical application and historical interpretation limit it to such cases.
Can the President pardon a state inmate?
Under the Constitution, the President has the authority to grant pardon for federal offenses, including those obtained in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial. The President cannot pardon a state criminal offense.
What crime does a citizen commit if that citizen levies war against the United States?
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and ...
Who is eligible to seek pardon under article 72?
Under Article 72(1) of the Constitution, the President is empowered to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any individual who has been convicted of offences that are covered within the ambit of clauses (a) to (c) of Article 72(1).
How many felons did President Trump pardon?
List of people granted executive clemency in the second Trump presidency. In his role as the 47th president of the United States (January 20, 2025 – present), Donald Trump granted executive clemency to more than 1,600 individuals as of July 23, 2025, all of whom were charged or convicted of federal criminal offenses.
Can a Supreme Court judge overrule the President?
Courts may strike down executive orders not only on the grounds that the president lacked authority to issue them but also in cases where the order is found to be unconstitutional in substance.
Can a citizen refuse a presidential pardon?
6, 2021, on his first day back in the Oval Office. Two of those convicted Jan. 6 rioters declined to accept the presidential pardon. Northeastern University law experts say that a presidential pardon can not only be refused, but it may be practical for some recipients to do so.
Did Trump ever serve in the military?
No, Donald Trump did not serve in the military; he received multiple draft deferments during the Vietnam War for his education and a foot condition (bone spurs), which ultimately exempted him from service, a fact he has acknowledged with some guilt. He attended military school and participated in ROTC briefly, but never enlisted or served active duty.
Who is the only US president with no political or military experience?
Trump is the group's sole exception, having never held any public office nor any military position. 5 presidents taught at a university: James A. Garfield, William Howard Taft, Woodrow Wilson, Bill Clinton, and Barack Obama.