Executive Power to Undo Punishment vis-à-vis Doctrine of Precedent

Abstract

One of the powers which have been conferred on the President and Governor of India is the Power of Pardon. Article 72 and Article 161 of the Indian Constitution confers this power on the President and Governor respectively which is to be exercised with a sense of responsibility. A kind of check over misuse of this extraordinary power by the hands of the executive organ of the State is provided through the power of judicial review. The main purpose of the pardoning power of the Executive is to provide a human touch to the judicial process. The very purpose of mercy provisions will be defeated if this human touch is not exercised in a proper way. This paper made an effort to discuss factors influencing the commutation of sentencing and the issues to get a complete understanding of the pardoning power under the Constitution of India.