QUESTION

Easy

Indian Polity

Prelims 2025

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 Council of Ministers.

Which of the statements given above is/are correct?

Select an option to attempt

Explanation

statement I is correct: the President’s pardoning power can be subjected to limited judicial review, especially on grounds like mala fides, irrelevant considerations, or arbitrariness (as held in Kehar Singh, Epuru Sudhakar cases).

statement II is incorrect: the President cannot act independently; the power must be exercised on the aid and advice of the Council of Ministers under Article 74.

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