Q. Consider the following statements regarding the Pardoning Power of the President of India.
Which of the statements given above is/are correct?
Q. Consider the following statements regarding the Pardoning Power of the President of India.
Which of the statements given above is/are correct?
The correct option is A 1 only
Explanation:
Statement 1 is Correct: Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the President of India takes an action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers. They are of five types:
- Pardon
- Reprieve
- Remit
- Respite and
- Commute
Statement 2 is Incorrect: The President cannot exercise his power of pardon independent of the government. The Supreme Court (SC) has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas. These include Maru Ram vs Union of India in 1980 and Dhananjoy Chatterjee vs State of West Bengal in 1994. This Judgement is in the sink with Article 74 which states that the President needs to act on the Aid and Advice of Council of the minister.
Explanation:
Statement 1 is Correct: Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the President of India takes an action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers. They are of five types:
- Pardon
- Reprieve
- Remit
- Respite and
- Commute
Statement 2 is Incorrect: The President cannot exercise his power of pardon independent of the government. The Supreme Court (SC) has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas. These include Maru Ram vs Union of India in 1980 and Dhananjoy Chatterjee vs State of West Bengal in 1994. This Judgement is in the sink with Article 74 which states that the President needs to act on the Aid and Advice of Council of the minister.
