The Executive Power to Pardon: Dilemmas of the Constitutional Discourse
Volume 2 Issue 1 (2009)
The discretionary power to pardon finds recognition in the Indian Constitution, which confers this power on
the President of India and the Governors of States. This article traces the boundaries of the power stipulated
under the Indian Constitution, as well as the jurisprudence developed by the Supreme Court of India. It commences with an enquiry into the rationale underlying the power to pardon and goes on to engage with a number of issues that the power to pardon has given rise to. One of the issues examined in the article is the doctrine of separation of powers in the context of the prerogative to grant pardon. The constant tussle between the executive and judicial branches of the State is discussed with special reference to the dilemmas posed by the issue of defining the extent of this executive power.