The supreme courts has examined the pardoning power of the president under different cases and laid down various principles. Which of the following statements in this context is/are correct?
1. The petitioner for the mercy has no right to an oral hearing by the president.
2. The power is to be exercised by the president on the advice of the union cabinet.
3. The president is not bound to give reasons for his order
The supreme courts has examined the pardoning power of the president under different cases and laid down various principles. Which of the following statements in this context is/are correct?
1. The petitioner for the mercy has no right to an oral hearing by the president.
2. The power is to be exercised by the president on the advice of the union cabinet.
3. The president is not bound to give reasons for his order
The correct option is D All of the above
The power to pardon is one of the powers which have been conferred on the executive. Article 72 confers this power on the President. This power has been provided to heads of various nations.A Pardon is an act of grace, proceeding from the power entrusted with the execution of laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.
The President’s power to pardon deals with providing justice which is essentially a function of the judiciary. The reasons for this interference are an obvious exception to the doctrine of separation of powers which is one of the most eminent doctrines in the Constitution of India. The executive gives an absolute power of pardon to the executive. Pardon is a concept based on mercy, therefore, mercy as a concept has to be studied and the question why mercy is vested with the executive and not with the judiciary has to be looked into. The petitioner for the mercy has no right to an oral hearing by the president.
The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his executive powers on the advice of the Prime Minister and the cabinet
All of the above
The power to pardon is one of the powers which have been conferred on the executive. Article 72 confers this power on the President. This power has been provided to heads of various nations.A Pardon is an act of grace, proceeding from the power entrusted with the execution of laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.
The President’s power to pardon deals with providing justice which is essentially a function of the judiciary. The reasons for this interference are an obvious exception to the doctrine of separation of powers which is one of the most eminent doctrines in the Constitution of India. The executive gives an absolute power of pardon to the executive. Pardon is a concept based on mercy, therefore, mercy as a concept has to be studied and the question why mercy is vested with the executive and not with the judiciary has to be looked into. The petitioner for the mercy has no right to an oral hearing by the president.
The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his executive powers on the advice of the Prime Minister and the cabinet
