following issues in this case:- (1) Whether the rejection of the petitioner's mercy petition, after a delay of one year and five months, gives right to the petitioner to claim protection under Article 21 and consequently commutation of capital punishment of death? (2) Is it necessary that the President of India to give reasons while dealing with the mercy petition of the petitioner, exercising powers under Article 72 of the Constitution of India? (3) Did The President of India deal with the mercy petition of the petitioner, after getting advice from the Council of Ministers? 11. In this case, we are concerned with the rejection of the mercy petition filed by the petitioner before The President of India. The President of India exercising powers under Article 72 of the Constitution of India, has dealt with the mercy petition of the petitioner. 12. Article 72 of the Constitution reads as follows:- "72. Power of President to grant pardons, etc.; and to suspend, remit or commute sentences in certain cases:- (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 offences
17. The power to pardon rests on the advice rendered by the Executive to The President, who, subject to the provisions of Article 74(1) of the Constitution must act in accordance with such advice. The power under Article 72 of the Constitution is to be exercised on the advice as contemplated under Article 74 of the Constitution of India. It is open to The President
India in exercise of powers vested in him under Article 72 of the Constitution to scrutinise the evidence on record of the criminal case and come to a conclusion in regard to the guilt of, and sentence imposed on the accused and also to determine for himself whether the case is one which deserves to grant relief falling within that power. In doing so, it cannot be understood that The President is amending, modifying or substituting the judicial record. The President of India acts under the constitutional power which is entirely different from the judicial power, and the same cannot be regarded as an extension of it. The legal effect of a pardon is wholly different from judicial super cession of the original sentence.
give advice to The President of India to exercise the power under Article 72 of the Constitution of India. Under the Parliamentary democracy, the real power of The Government rests in the Prime Minister and the Council of Ministers. The head of State, The President remains a constitutional head of the nation. He acts in accordance with the aid and advice tendered to him by the Council of Ministers with The Prime Minister as its head. Such advice tendered is binding on The President of India.