Mercy petition
Bhawani Mahapatra
(Querist) 27 December 2010
This query is : Resolved
Is the mercy petition as laid under Article 72 of Constitution of India is sbject to approval of Union Cabinet ?
s.subramanian
(Expert) 27 December 2010
Yes. The president has to act on the advice of the council of ministers.
Sachin Bhatia
(Expert) 29 December 2010
72. 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
