Question

Q. With reference to the Pardoning powers of the President, which of the following statements is/are correct?

Select the correct answer using the codes given below:

• A. 1 and 2 only
• B. 2 only
• C. 1 and 3 only
• D. 3 only

Answer 1

The correct option is D 3 only

Explanation:

By virtue of Article 72 of the Indian Constitution, the President is empowered to grant pardons.

Statement 1 is incorrect: The pardoning power is the executive power (exercised on the advice of the Union Cabinet) to keep the door open for correcting any judicial errors in the operation of law and it is independent of the Judiciary.

Statement 2 is incorrect: The orders given by the President using the Pardoning power are not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

Statement 3 is correct: The President is not bound to give reasons for his order and the petitioner has no right to an oral hearing by the President.