UPSC CSE 2025 · PYQ · Indian Polity / Presidential Powers · medium
Consider the following statements about the power of the President of India to grant pardon:
I. The exercise of this power by the President can be brought under 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✓ Correct
B.II only
C.Both I and II
D.Neither I nor II
Explanation
Statement I is correct: while the pardoning power of the President under Article 72 is a constitutional power, the Supreme Court has held in cases like Maru Ram v. Union of India (1980), Kehar Singh v. Union of India (1989), and Epuru Sudhakar v. State of A.P. (2006) that the exercise of this power is subject to limited judicial review on grounds such as non-application of mind, mala fide, extraneous considerations, or arbitrariness. Statement II is incorrect: under Article 74(1), the President is bound to act on the aid and advice of the Council of Ministers (Central Government); the pardoning power cannot be exercised without ministerial advice.
💡 Practice unlimited UPSC CSE PYQs + AI-tracked progress on each topic. Sign up free →
Want more UPSC CSE practice?
Free daily 10-Q quiz · adaptive mocks · 4,000+ verified PYQs · AI doubt solver in Hindi + English