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 Central Government.
Which of the statements given above is/are correct?
Show answer
Answer: A. Statement I is correct: the Supreme Court (Kehar Singh 1989, Epuru Sudhakar 2006) held that pardon decisions can be reviewed on limited grounds such as mala fides or irrelevant considerations. Statement II is wrong: under Article 74 the President acts on the advice of the Council of Ministers (Maru Ram 1980). So only I is correct.
Watch for: Pardon is a 'President's power' under Article 72, but it is exercised on Cabinet advice.
Why the other options are wrong
- B. The President must act on ministerial advice, so II is wrong.
- C. Statement II is wrong.
- D. Statement I is correct due to limited judicial review.
Source to check: Constitution of India, Articles 72 and 74; M. Laxmikanth 'Indian Polity' (President).
Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.