Consider the following statements with regard to pardoning power of the President of India: [Union Executive]
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.
Correct Answer :
I only
Solution :
The correct option is I only.
Let us analyze the statements step-by-step to understand why this is the correct answer:
Statement I is correct:
The pardoning power of the President of India is detailed under Article 72 of the Indian Constitution. The Supreme Court of India, in various landmark judgments (such as Maru Ram v. Union of India and Kehar Singh v. Union of India), has ruled that the President's exercise of power under Article 72 is subject to limited judicial review. The courts cannot examine the merits of the decision, but they can intervene if the decision is arbitrary, mala fide, discriminatory, or passed without any application of mind. Thus, limited judicial review is permissible.
Statement II is incorrect:
According to the constitutional framework and Supreme Court rulings, the President of India does not exercise the pardoning power in their individual discretion. The President is bound to act on the aid and advice of the Council of Ministers, headed by the Prime Minister (as per Article 74 of the Constitution). Therefore, the President cannot exercise this power without the advice of the Central Government (Union Cabinet).
Since Statement I is correct and Statement II is incorrect, the correct option is indeed "I only".
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