Union Government
(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 offence - (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against a 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) This does not affect the power of Armed Forces officers, under law, to suspend, remit or commute a Court Martial sentence. (3) This does not affect a Governor's power to suspend, remit or commute a death sentence under state law.
The President has the power of clemency - to pardon, reduce, or suspend punishments, including the power to commute a death sentence - in cases involving court-martial convictions, offences under Union laws, or any death sentence anywhere in India. State Governors have a similar but more limited pardon power under Article 161.
When a death-row convict's final mercy petition is considered, it goes to the President (for cases falling under this article) exercising the Article 72 clemency power - a process distinct from and in addition to the normal appeals process through the courts.