The constitution of india -Power of president to grant pardons

 

Power of president to grant pardons, etc., and to suspend ,remit or commute sentence in certain cases.-(1)The president shall have the power to grant pardons, reprieves or remissions of punishment or to suspend ,remit or commute the sentence of any person convicted of any offence- (a)in all cases 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 is sub –clause (a)of clause(1)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.73.Extent of executive power of the Union _(1)subject to the provisions of this consititution ,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 reffered 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.(2)Until otherwise provided by parliament , a state and any office or authority of a state may ,notwithstanding in this article ,continue to exercise in matters with respect to which parliament his power to make laws for that state such exercutive power of functions as the state or officer or authority thereof could exercise immediately before the commencement of this constitution .74.Council of Minister to aid the advise President .- [(1)there shall be a Council of Minister with the Prime Minister at the head to aid the advise the President who shall, in the exercise of his functions, act in accordance with such advice:][Provided that the president may require the councilof Minister to reconsidrer such advice , either generally or otherwise , and te president shal l act in accordance with the advice tendered after such reconsideration .](2)The question whether any, and if so what ,advice was tendered by Minister to the president shall not be inquired into in any court .75.Other provisions as to Minister – (1)The Prime Minister shall be appointed by the president and the other Ministers shall be appointed by the president on the advice of the prime Minister .[(1A) The total number of Ministers ,including of the prime Minister ,in the council of Minister shall not exceed fifteen per cent of the total number of members of the House of the people .(1B)Amember of either House of Parliament belonging to any political party to his disqualified for being a member of that House under paregraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term his office as such member would expire or wher he contests any election to either House parliament before the expairy of such period ,till the date on which he is decleard elected ,whichever is earlier .](2)The Ministers shall hold office during the pleasure of the President .(3)The council of Minister shall be collectively responcible to the House of the people.(4)before a Minister enters upon his office ,the president shall administer to him the oaths of office and secrecy according to the forms set out for the purpose in the third schedule .(5)A Minister who for any period of six consecutive months is not a member of either House of parliament shall at the expiration of that period cease to be Minister. (6)The salaries and allowances of Minister shall be such as parliament may from time to time by law determine and,until parliament so determines, shall be as specified in the second schedule .76.Attorney –General for India –(1) The president shall appoint a person who is qualified to be appointed a judge of the supreme Court to be Attorney –General for India .(2)It shall be the duty of the Attorney – General to give advise to the Government of india upon such legal matters, and the perform such other duties of a legal characters ,as may from time to time to reffered or assigned to him by or under this consititution or any other law for the time being in force. (3)In the performance of this duties the Attorney –G eneral shall have right of audience in all court in the territory of india .(4)The Attorney –General hold office durinf the pleasure of the president ,and shal receive such remeneration as the president may determine. 77.Conduct of business of the G overnment of india shall be expressed to be taken in the name of the president .(2)Orders and other instruments made and executed in the name of the president shall be authenticated in such manner as may be specified in rules to be made by the president , and the vailidity of an order or instrument which is so authenticated shall not be called in question on the ground that is not an order on instrument made or excuted the president .(3)The president shall make rules for the more convenient transaction of the business of the Government of India an for the allocation among Minister of the said business .