UPSC CSE 2025 · PYQ · Indian Polity / Pardoning Power of President · medium
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✓ Correct
B.II only
C.Both I and II
D.Neither I nor II
Explanation
Statement I is correct: The Supreme Court in cases such as Maru Ram v. Union of India (1980), Kehar Singh v. Union of India (1989), and Epuru Sudhakar v. Government of Andhra Pradesh (2006) has held that the President's pardoning power under Article 72 is subject to limited judicial review on grounds such as non-application of mind, malafide, arbitrariness, or irrelevant considerations. Statement II is incorrect: As per Article 74(1), the President must act on the aid and advice of the Council of Ministers (Central Government), and this applies to the exercise of pardoning power as well — the President cannot exercise this power independently of governmental advice.
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