2025 · Current AffairsPrevious Year Question
Q66.
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?
A. I only
B. II only
C. Both I and II
D. Neither I nor II
Answer

A

Explanation

The exercise of this power by the President can be to limited judicial review. the pardoning power conferred upon the under Article 72 of the Constitution is an function, it is not beyond the reach of judicial The Supreme Court, in landmark rulings such Maru Ram v. Union of India (1980) and Epuru v. Government of Andhra Pradesh (2006), made it clear that this power is not absolute. review is permissible if it is alleged that the was taken arbitrarily, in bad faith, without application of mind, or influenced by irrelevant extraneous considerations. However, such review is to assessing the legality and constitutionality of decision-making process; the judiciary does not the merits of the decision itself or substitute its for that of the President. Hence statement I is The President can exercise this power without the of the Central Government. Article 74(1) of the Constitution, the President is bound to act in accordance with the aid advice of the Council of Ministers, headed by the Minister. The pardoning power under Article 72 is exception, as it is an executive function exercised on of the Union Government. In practice, the of Home Affairs processes mercy petitions and its recommendations to the President. the President does not exercise this power but acts on the advice of the Central in conformity with constitutional Hence statement II is not correct.