Consider the following statements with regard to pardoning power of the President of India:

Question

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?

1. A. I only (Correct answer)
2. B. II only
3. C. Both I and II
4. D. Neither I nor II

Correct Answer

Option A — I only

Detailed Solution & Explanation

The correct answer is I only.

Key Points

• The Supreme Court has held that the President's pardoning power under Article 72 can be subject to limited judicial review — courts can examine if the power was exercised arbitrarily, mala fide, or without application of mind — Statement I is correct.
• The President acts on the aid and advice of the Council of Ministers (Article 74) for all executive actions, including pardons — Statement II claiming the President can act without Cabinet advice is incorrect.