Question

Which of the following statements regarding the pardoning powers of the President is/are not correct?
$1$. He has the pardoning power in respect of sentence by court-martial
$2$. He can grant reprieve and respite in case of punishment for an offence against any law of the land, Union or State
$3$. He alone can pardon a sentence of death
$4$. His exercise of the power of pardon is open to judicial review

• A. $1$ and $3$
• B. $2$ and $3$
• C. $1$ and $4$
• D. $2$ and $4$

Answer 1

The correct option is B $2$ and $3$

Article 72 of the Constitution empowers the president to grant a pardon. The power is to be exercised by the president on the advice of Union Cabinet and is restricted to persons who have been tried and convicted of any offence against the union law, by a court-martial or where sentence has given is a death sentence.