The Pardoning Power under the Constitutional Scheme and its Judicial Review: An Overview

Ms. Deepa
Ph.D. Research Scholar at Faculty of Law, University of Delhi, New Delhi, India.

Volume III, Issue V, 2020

Every civilized society in the world recognizes and provides for discretionary power of pardon in its legal system to be exercised as an act of grace by its functionaries. This power is provided to promote the humanity in criminal law system prevalent in the country. The eminence of administrative discretion has created a jurisprudence of non-interference by the judicial branch in exercise of such administrative discretion. But lately Indian Courts following the footstep of US Supreme Court have started to judicially review the pardoning power of the Executive whenever there is glaring injustice, unfair and arbitrary use of such power is visible.

Keywords: Article 72, pardoning power, judicial review.