Previous Year 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?
I only
II only
Both I and II
Neither I nor II
Correct Answer: A
Detailed Solution
The pardoning power of the President is provided under Article 72 of the Constitution.
Statement I is correct. Although the President’s pardoning power is broad, it is not completely unfettered. Its exercise is subject to judicial review on limited grounds.
A court does not reassess the merits of a mercy decision as if hearing an appeal. It may, however, intervene when the decision is:
Mala fide.
Wholly arbitrary or discriminatory.
Based on irrelevant or extraneous considerations.
Taken by ignoring relevant material.
A result of non-application of mind.
Statement II is incorrect. Under Article 74, the President must act in accordance with the aid and advice of the Council of Ministers headed by the Prime Minister. The President, therefore, cannot exercise the power under Article 72 independently of the Central Government’s advice.
The President may require the Council of Ministers to reconsider its advice once. After reconsideration, however, the President is constitutionally bound to act according to the advice tendered.
Under Article 72, the President may grant pardons, reprieves, respites or remissions, or suspend, remit or commute a sentence in:
Cases involving punishment or sentence by a court-martial.
Offences against laws relating to matters within the Union’s executive power.
All cases involving a death sentence.
The principal forms of clemency are:
Pardon: Removes both the sentence and its legal consequences.
Commutation: Substitutes a lighter form of punishment.
Remission: Reduces the period of a sentence without changing its character.
Respite: Awards a lesser sentence because of special circumstances.
Reprieve: Temporarily stays the execution of a sentence, particularly a death sentence.