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

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

UPSC Civil Services Examination (Prelims) 2025 – General Studies Paper I

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

Answer: (a) I only

Statement I: Correct

The President of India has the power of pardoning, reprieving, remitting, or commuting sentences under Article 72 of the Constitution.
While the President’s decision is largely discretionary, it is subject to limited judicial review.
Courts can examine whether the decision was made mala fide, based on irrelevant considerations, or in violation of constitutional provisions, but they cannot interfere with the merits of the decision itself.

Statement II: Incorrect

The President cannot exercise this power independently.
Article 74(1) requires the President to act according to the aid and advice of the Council of Ministers.
Therefore, the President must consult the Central Government (specifically, the Union Cabinet) before exercising pardoning powers.

Answer: (a) I only