Clemency Power of Executives- A Critical Analysis

The authority of pardoning gives place to the power of discretion. Exercise of this power must be done with appropriate regard for the principles of natural justice and the rule of law. No regulations or norms have been established in this regard, however, as of this writing. This void contributes to arbitrariness by making the choice contentious, which in turn leads to arbitrariness. This deficiency in the exercise of forgiveness authority not only sows the seeds of doubt, but it also renders the prospect of justification very remote. The purpose of the research endeavor was to examine the authority given on the President or the Governor under Articles 72 and 161 of the Constitution of India, 1950, and how that power is used by him or her. A second part of the study looked at the role of the court in the exercise of the pardoning authority, as well as the issue of delays in the processing of mercy petitions. The researcher went on to discuss the existing framework for the exercise of pardoning authority as well as the flaws in the current legal and policy framework