Q. 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
(b) II only
(c) Both I and II
(d) Neither I nor II
Correct Answer: (a) I only
UPSC Prelims 2025 GS Paper's Solution
Explanation :
Statement I is correct: The Supreme Court of India has held that the President’s pardoning power, while broad, is not absolute and can be subjected to limited judicial review to prevent arbitrary, irrational, mala fide, or irrelevant exercise. Cases like Maru Ram v. Union of India (1981) and Kehar Singh v. Union of India (1988) affirm this, focusing on procedural fairness rather than merits.
Statement II is incorrect: The President cannot exercise pardoning power independently and must act on the advice of the Council of Ministers as per Article 74 of the Constitution. The Supreme Court has upheld this principle.
Therefore, only statement I is correct.
