Question 43 from UPSC CSE 2025 - Current Affairs (Polity & Governanc e)

Question

Consider the following statements with regard to pardoning power of the President of India:
1. The exercise of this power by the President can be subjected to limited judicial review.
2. 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 Option: A. I only

Strategy: Focus on the restriction of the President's discretion and whether judicial review applies. Statement 1 is about judicial scrutiny of the pardoning power; citing key Supreme Court judgments confirms limited judicial review is indeed possible. Statement 2 implies complete discretion for the President, but Article 74(1) mandates that the President acts on the advice of the Council of Ministers, making this statement incorrect. Hence, only Statement 1 is correct.

Key Info: Pardoning power of the President is provided under Article 72 of the Indian Constitution, allowing the President to grant pardons, reprieves, respites, or remissions, or suspend, remit or commute sentences in certain cases. This power applies in cases where the punishment or sentence is by a court-martial, for offences against Union law, or where the sentence is a death sentence. The Supreme Court has held in cases like Maru Ram v. Union of India (1980) and Epuru Sudhakar v. Government of Andhra Pradesh (2006) that although this power is very broad, it is not absolute; it is subject to limited judicial review if exercised arbitrarily, mala fide, or in violation of the fundamental rights. The President is required by Article 74(1) to act in accordance with the advice of the Council of Ministers; hence, the President's pardoning power is an executive function exercised on government advice. The Ministry of Home Affairs typically processes and recommends action on mercy petitions before the President makes a final decision. Governors possess a similar power under Article 161, but only for offences against state laws. Pardoning powers in India are modeled after the royal prerogative of mercy in the United Kingdom.

Answer

Option B: II only

Answer

Option C: Both I and II

Answer

Option D: Neither I nor II