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?
Answer:
(a)
Easy
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Explanation: Statement I (Correct): The President’s pardoning power (under Article 72) is subject to limited judicial review. Courts can intervene if: The decision is arbitrary, malafide, or unconstitutional. The President exceeds their constitutional authority. Example: In Epuru Sudhakar Case (2006), the Supreme Court held that judicial review is permissible in pardoning matters. Statement II (Incorrect): The President cannot exercise this power without the advice of the Central Government (Council of Ministers, as per Article 74). The President acts on the aid and advice of the government, except in rare cases like the return of a file for reconsideration. Answer: (a)