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28
THE CONSTITUTION OF INDIA

 

Part V.—The Union.—Arts. 71–73.

(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President. Power of Presi-
dent to grant par-
dons, etc., and
to suspend, re-
mit or commute
sentences in cer-
tain cases.

72. (1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (I) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (I) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor[]* * * of a State under any law for the time being in force.

Extent of execu-
tive power of the
Union.
[]73. (I) Subject to the provisions of this Constitution, the executive power of the Union shall extend—

(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement :

Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State []* * * to matters with respect to which the Legislature of the State has also power to make laws.


  1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act 1956, S. 29 and Sch.
  2. "In its application to the State of Jammu and Kashmir, in the proviso to cl. (I) of art. 73 the words "or in any law made by parliament" shall be omitted.
  3. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956 s. 29 and Sch.