Article 72 empowers the President to grant clemency in specific cases, functioning as constitutional executive authority independent from judiciary.

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• Under Constitution of India, Article 72 authorises the President to grant pardon in offences against Union law, court-martial cases and death sentences.
• The President exercises pardoning powers on the advice of the Council of Ministers, as clarified in the Union of India v. V. Sriharan judgment.
• The clemency process begins when a convicted individual submits a mercy petition to the President, which is examined by the Ministry of Home Affairs.
• Forms of clemency include pardon, commutation, remission, respite and reprieve, each differing in impact on conviction status or quantum of punishment.
• Unlike the President, the Article 161 of the Indian Constitution empowers Governors only for state offences and not court-martial cases.
• The President holds exclusive authority to pardon a death sentence, though both President and Governor possess concurrent powers of suspension, remission and commutation.
• In Kehar Singh v. Union of India, the Supreme Court held that the President may examine the merits of the case.
• Judicial review of pardoning power is limited, as emphasised in Maru Ram v. Union of India, permitting intervention only if mala fide or arbitrary.