Context: The Tamil Nadu Governor will take a decision on the release of seven convicts in the Rajiv Gandhi assassination case soon.

• The prolonged delay in remission by Governor, was a constitutional provision which says the Governor cannot reject the state’s recommendation but there is no time limit prescribed to take a decision.

Background

• It started with a pardon plea before the Tamil Nadu Governor in 2015.
• In September, 2018, the SC asked the Governor to decide the pardon plea.
• The cabinet decision to remit sentences of all seven convicts, was welcomed by all political parties in the state. But the Governor chose to take time. The Cabinet recommendation remains pending.
• In 2020, the SC had rebuked the CBI for failing to make any significant progress in its investigation.
• In July 2020, the Madras High Court said that Tamil Nadu Governor cannot sit on the state government’s recommendation for so long and reminded that there is no time limit prescribed for the constitutional authority (Governor) to decide on such issues only because of the faith and trust attached to the constitutional post.

Process of granting pardon in India

• The process starts with filing a mercy petition with the President under Article 72 of the Constitution.
• Such petition is then sent to the Ministry of Home Affairs for consideration.
• The above-mentioned petition is discussed by the Home Ministry in consultation with the concerned State Government.
• After the consultation, recommendations are made by the Home Minister and then, the petition is sent back to the President.

Pardoning power under the Law

• Article 72: Empowers the President to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
• Article 161: It is related to the Power of Governor to grant pardons, reprieves, etc, and to suspend, remit or commute sentences in certain cases.

Pardoning powers of President Vs. Governors

The pardoning power of President is wider than the governor and it differs in the following two ways:

• The President can grant pardons in cases where the punishment is by a Court Martial but Article 161 does not provide any such power to the Governor.
• The President can grant pardon in sentence of death but pardoning power of Governor does not extend to death sentence cases.

Type of pardon

• Pardon: The president can totally absolve/acquit the person for the offence and let him go free like a normal citizen.
• Commute: To reduce the type of punishment into a less harsh one. For example, Rigorous imprisonment to simple imprisonment.s
• Remission: To reduce the punishment without changing the nature of the punishment. For example, 20 years rigorous imprisonment to 10 years rigorous imprisonment.
• Reprieve: A delay is allowed in the execution of a sentence, usually a death sentence for a guilty person to prove his innocence.
• Respite: Reduce the degree of punishment looking at specific grounds like pregnancy, old age etc.
• A Court-martial is a trial in a military court of a member of the armed forces who are charged with breaking military law.