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Abstract

The reasons why this project topic is important with respect to modern constitutional law are three. Firstly, the President’s power to pardon deals with providing justice which is essentially a function of the judiciary. The reasons for this interference of the executive in the functions of the judiciary have to be explored, understood and appreciated/critiqued because it is a blatant exception to the doctrine of separation of powers which is one of the most eminent doctrines in the Constitution of India. Secondly, the executive gives an absolute power of pardon to the executive. The likelihood of abuse of such a power is immense. Therefore, an analysis of case law with regard to presidential pardon is very important. Thirdly, pardon is a concept based on mercy, therefore, mercy as a concept has to be studied and the question why mercy is vested with the executive and not with the judiciary has to be answered.

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