 bill no 109 of  2012 the constitution (amendment) bill, 2012 byshri anant gangaram geete, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1   this act may be called the constitution (amendment)  act, 2012amendment of article 722 in article 72 of the constitution, after clause (3), the following clause shall be added, namely:—(i)  waging, or attempting to wage war, or abetting waging of war, against the government of india; or(ii) conspiracy to wage war against the government of india by means of 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"5 statement  of  objects  and  reasonsarticle 72 of the constitution empowers the president of india to grant pardons, etc, and to suspend, remit or commute sentences in certain caseshowever, in 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 courtwhile afzal guru, the convict in the case of attack on parliament has made a clemency petition to the president, ajmal kasab, the accused of mumbai attack is also likely to do sothe 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 lawabiding 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 offences like waging of war against government of indiahence this billnew delhi;anant  gangaram  geeteaugust 30, 2012 annexureextract from the constitution of india      part v the  union chapter i—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; (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;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(c) in all cases where the sentence is a sentence of death———— a billfurther to amend the constitution of india————(shri anant gangaram geete, mp)gmgipmrnd—3104ls(s3)—06112012