Consider the following statements with regard to pardoning power of the President of India:The exerc

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Question

Consider the following statements with regard to pardoning power of the President of India:The exercise of this power by the President can be subjected to limited judicial review.The President can exercise this power without the advice of the Central Government.Which of the statements given above is/are correct?

Accepted Answer

Correct Answer: A — I onlyStep-by-step Solution:The pardoning power of the President of India is enshrined in Article 72 of the Constitution.Statement I — Presidential pardoning power is subject to limited judicial review: This is correct. The Supreme Court of India has held (in cases like Epuru Sudhakar v. Govt. of Andhra Pradesh, 2006, and Kehar Singh v. Union of India, 1988) that while the pardoning power under Article 72 is a constitutional power vested in the President, it is not immune from judicial review altogether. Courts can review the exercise of this power if it is found to be: arbitrary, irrational, discriminatory, or mala fide. The judicial review is limited — courts will not substitute their judgment for the President's, but they can examine the decision-making process for arbitrariness or irrelevant considerations. ✓Statement II — President can exercise pardoning power without advice of Central Government: This is incorrect. The President acts on the advice of the Council of Ministers in all constitutional functions, including the pardoning power under Article 72. This is established by the Supreme Court in Kehar Singh v. Union of India (1988) and Maru Ram v. Union of India (1981), which confirmed that the pardoning power is exercised by the President on the advice of the Central Government (Council of Ministers). The President cannot exercise this power independently without ministerial advice. ✗Why other options are incorrect:Option B (II only): Incorrect. Statement II is wrong — the President acts on cabinet advice for pardoning power.Option C (Both I and II): Incorrect. Statement II is incorrect.Option D (Neither): Incorrect. Statement I is correct — limited judicial review is possible.Key Concept: Presidential Pardoning Power (Article 72): Scope: President can grant pardon, reprieve, respite, remission, or commutation of sentence. Applicability: Cases where punishment is for an offence against Union law; Court martial (military tribunal) cases; Death sentence cases (only President, not Governor, can grant pardon in death penalty). Governor's pardoning power: Article 161 — similar power for state matters; Governor CANNOT pardon death sentence (that is the President's exclusive domain). Kehar Singh Case (1988): SC upheld that the President acts on cabinet advice; rejected the argument that pardoning power is personal/discretionary. Epuru Sudhakar Case (2006): SC held pardoning power is subject to limited judicial review on grounds of arbitrariness and mala fides. Difference from UK: In India, pardon advice is from elected government (Council of Ministers); in UK, royal prerogative is exercised on advice of Secretary of State for Justice.

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