 bill no 114 of 2016 the constitution (amendment) bill, 2016 by shri sunil kumar singh,  mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2016amendment of article 7252 in article 72 of the constitution, after clause (3), the following clause shall be added, namely:—"(4) nothing in this article shall apply to the punishment or sentence of any person convicted of—(i) waging, or attempting to wage war, or abetting waging of war, against the government of india; or10(ii) conspiracy to wage war against the government of india by means or criminal force or show of criminal force within or outside india; or(iii) collecting arms with intention of waging war against the government of india; or(iv) concealing the existence of a design to wage war or facilitating the waging of such war against the government of india"15 statement of objects and reasonsarticle 72 of the constitution empowers the president of india to grant pardon, etc, and to suspend, remit or commute sentence in certain caseshowever, cases like attack on parliament house in the year 2001 and later attack on mumbai known as 26/11 attack in the year 2008 have been held as acts of waging war against india by the supreme court afzal guru, the convict in the case of attack on parliament made a clemency petition to the president ajmal kasab, the accused of mumbai attack, also made a clemency petition to the president yakub menon, the convict in the case of mumbai serial blasts, 1993, had also made a clemency petition to the president in all the cases, the clemency petitions were not allowed by the president but such clemency petitions cause delay in justice and provide time to the convictsthe acts of violence perpetuated by the above accused amount to waging war against india and, therefore, should not be considered on par with other offences the feeling of law-abiding citizens of india is that the sentence be executed immediately and such convicts should not be given the benefit of exceptional provision in the constitution of indiatherefore, the provision of president's discretion of pardoning or suspending the sentence pronounced by the supreme court of india should not be available to persons convicted of offence like waging of war against government of indiahence this billnew delhi;sunil kumar singhapril 13, 2016 annexureextract from the constitution of india    part v the union chapter 1—the executivethe president and vice-president   72 (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;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(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 in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the armed forces of the union to suspend, remit or commute a sentence passed by a court martial(3) nothing in sub-clause (c) 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     lok sabha———— a billfurther to amend the constitution of india————(shri sunil kumar singh, mp)gmgipmrnd—251ls(s3)—02-05-2016