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UPSC Prelims 2025GS1Polity & GovernancePresident's Pardoning Power

Q66. 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

Detailed Solution

✓ Correct Answer: Option A
✓ Statement I is correct
While the President's pardoning power under Article 72 is an executive function, the Supreme Court has clarified in various judgments (e.g., Epuru Sudhakar v. Government of Andhra Pradesh) that its exercise is not beyond judicial scrutiny. Judicial review is limited to grounds such as arbitrariness, mala fide intent, or non-application of mind, but the judiciary cannot delve into the merits of the decision itself.
✗ Statement II is incorrect
The President of India exercises the pardoning power on the aid and advice of the Council of Ministers, as stipulated by Article 74(1) of the Constitution. The President does not act independently or at their own discretion in this matter. The Ministry of Home Affairs processes mercy petitions and forwards recommendations to the President. Therefore, only statement I is correct. Understanding the President's powers and their constitutional limitations, especially judicial review, is crucial for UPSC Polity & Governance.

Current Affairs Link

Former U.S. President Joe Biden recently made history by becoming the first American president to pardon his own son, sparking widespread debate over the use of presidential clemency powers. The news has been widely covered in Indian media outlets.

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