Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of this power by the President can be subjected to limited judicial review.
II. The President can exercise this power without the advice of the Council of Ministers.
Which of the statements given above is/are correct?
Detailed Explanation:
The President's pardoning power (Article 72) is not absolute. The Supreme Court can review its exercise in limited situations such as mala fide intent, arbitrariness, or consideration of irrelevant facts.
However, the President cannot exercise this power independently. Under Article 74, the President acts on the aid and advice of the Council of Ministers.
Why the statements are correct/incorrect:
| Statement | Status | Reason |
|---|---|---|
| I | ✅ Correct | Pardoning power is subject to limited judicial review. |
| II | ❌ Incorrect | President exercises this power on the advice of the Council of Ministers. |
📝 Short Notes: Pardoning Power of the President
| Point | Details |
|---|---|
| Constitutional Provision | Article 72 |
| Authority | President of India |
| Acts On | Aid and advice of Council of Ministers |
| Judicial Review | Allowed in limited cases |
| Types of Clemency | Pardon, Reprieve, Respite, Remission, Commutation |
Key Fact:
The President can grant pardon in cases involving court-martial, Union laws, and death sentences.
Question 2 of 8 President
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