The Constitution of India grants clemency powers to President and Governors of States, respectively through Articles 72 and 161. These powers are to allow for correction of any possible judicial errors and to provide relief to those they regard as being punished unduly harshly.

Pardoning Powers of President and Governors

• Under Article 72(1) of the Constitution, the President is empowered to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any individual who has been convicted of offences in all cases where:
  
  

1. the punishment or sentence is by a Court Martial;
   
   
2. the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
   
   
3. the sentence is a sentence of death.
   
   

• Similarly, under Article 161, the Governor of State is empowered to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends
  
  
• So, it is clear from above that the scope of pardoning power of President under Article 72 is wider than the pardoning power of Governor under Article 161. The power differs in the following two ways:
  
  

1. President can grant pardon in cases where the punishment or sentence is by a Court Martial, but Article 161 does not provide any such power to the Governor.
   
   
2. The President can grant pardon in all cases where the sentence given is sentence of death, but pardoning power of Governor does not extend to death sentence cases.
   
   

However, the pardoning power of President and Governor is bound by the advice of their respective Councils of Ministers. The Supreme Court has held that the pardoning power is subject to judicial review in case of mala fide, irrelevant, irrational or discriminating pardons.