Prelims 2025 · Polity and Constitution · Question 66
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
I only
Statement I: Correct. The President’s pardoning power under Article 72 is not absolute; the Supreme Court has held it is subject to limited judicial review on grounds like mala fides, arbitrariness, or irrelevant considerations.
Statement II: Incorrect. The President exercises this power on the aid and advice of the Council of Ministers under Article 74; he cannot act independently of the Central Government.
Therefore, only Statement I is correct — (a) I only.