Judicial Powers of the President to reduce the punishment

In 1950, India came under presidential rule. As India is a constitutional country, all the governing bodies, law, and judiciary systems get their power and duty. The Constitution of India has granted the power to the Indian President. The powers and duties of an Indian President are discussed in article 72. According to this article, the Indian President has many powers like the legislative, judiciary, executive, etc. Indian President holds many judicial powers like they can appoint the chief judge of the Supreme Court, can pardon a criminal or reduce the punishment or suspend, etc. 

Here, in this article, we will discuss all the judicial powers of the President. 

Judicial Powers of the President

Indian presidents have several Judicial powers and controls. Article 72 and 60 describes various judicial Powers of the President. Articles 352, 356, and 370 also grant the President some emergency powers. According to the articles, the President can appoint judges, can pardon a criminal or reduce the punishment or suspend it. 

They also can pardon a person convicted by a Court Martial. To maintain the transparency of the presidential post, the procedure for election and removal of a president is designed differently. Therefore, an Indian President can only be removed only through impeachment.

Judicial Powers of the President according to the Constitution 

• In article 60, the section of the President’s oath says that a president should and must defend, protect, and safeguard the Constitution.
• According to article 72, the Indian President can pardon a person convicted by the Court Martial. 
• The Indian President also has an excellent pardoning power. And the President is above the law, and no criminal proceedings can be called on them. Pardoning someone is more of executive power, and they do not sit as a Court of appeal for that. 
• According to article 217(3), the President can appoint the judges single-handedly, and they also have the power to overrule the advisory committee’s advice. 
• Article 143 allows the President of India to seek advice from the Supreme Court. 

 President’s Pardoning Powers 

• The President’s Pardoning Powers refers that the President can pardon a criminal or reduce the punishment or suspend it. It means they can release a person from the verdict or reduce the punishment or hold it if wishes. And this decision to pardon is above the law, and no criminal proceedings can be conducted against the President in this case.
• Also, the Indian President has the power to pardon a person from Court Martial. If a president wants, they can pardon a person convicted by Court Martial. And this decision is also above the law.
• The President holds the power of reprieve. The term power of reprieve means suspending the guilty’s execution as a part of pardoning action. And the power to reprieve allows the President to reduce the punishment for the guilty. The President can pardon a criminal or reduce the punishment or suspend it. 
• The President can also pardon a criminal sentenced by the Military Court as the President is also the Supreme Commander of the Armed Forces.
• According to the Indian Constitution, the President can pardon, respite, remit, commute, suspend, reprieve a person sentenced guilty by the judiciary system, but who the President thinks should be given a chance.
• To commute a sentence means that the President can reduce the severity of the punishment.
• This power of the President is permissible according to article 72 of the Indian Constitution as the authority of remission is only in the Indian Judiciary system where the President holds extraordinary power.

Appointing and Removing Judges

• The President can appoint the Chief Justice of the Supreme Court and other judges with the advice of the chief justice.
• According to article 217 (3) of the Indian Constitution, the President can settle any dispute over the age of the High Court judges by consulting with the chief justice of India.
• The President also holds the power of impeaching a Judge with a majority resolution (two-thirds) passed from both of the houses of the parliament- Rajya Sabha and Lok Sabha. 

Protecting the Law and the Constipation

It is one of the primary powers and the President’s duty. Article 60 of the Indian Constitution gives the President power to take any measures to safeguard and uphold the Constitution. It is also his responsibility to defend and preserve the Indian law and the Constipation.

Seeking Advice

• The President can also ask for the advice of the Supreme Court if he cannot resolve a legal issue all by himself. In such cases, the Supreme Court is Constitutionally liable to provide advice.
• The President of India can ask for this advice, primarily when a problem regarding public concern arises.

Conclusion- 

The Constitution of India grants the President great power. And not only judicial, legislative, and executive powers, but they also have some emergency powers. The emergency powers allow the President to make decisions beyond the regular judicial review and regulation. Therefore, these emergency powers attributed to the Presidential post strengthen the President’s overall power.

And therefore, the removal of the President is only done with the impeachment process.