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UPSC Prelims 2025 · Polity · President, PM & Union Executive
Consider the following statements with regard to pardoning power of the President of India:
- The exercise of this power by the President can be subjected to limited judicial review.
- The President can exercise this power without the advice of the Central Government.
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Show the answer and explanation
Answer: (a) I only
Limited judicial review, yes; independent discretion, no.
Statement by statement
1. ✓ CORRECT Maru Ram (1980), Kehar Singh (1989), Epuru Sudhakar (2006): courts can review a pardon decision on limited grounds — mala fides, irrelevant considerations, non-application of mind, arbitrariness.
2. ✗ WRONG Under Art. 74 the President acts on the advice of the Council of Ministers. Maru Ram held that the Art. 72 power too is exercised on that advice.
The idea
Art. 72: the President can pardon, reprieve, respite, remit or commute — for Union-law offences, court-martial cases and death sentences. The Governor (Art. 161) has a similar power for State-law offences, but cannot pardon a death sentence (can commute it) and has no court-martial power.
Mercy petition → Home Ministry → Cabinet advice → President decides (Art. 72) → narrow judicial review
Why the others are wrong
(b) Mistakes a formal power for a personal one. Art. 74 applies.
(c) II fails: pardons are decided on ministerial advice.
(d) Drops I — the Supreme Court has repeatedly held pardon decisions reviewable on narrow grounds.
The trap
Mercy sounds like a personal act of the Head of State. Constitutionally it is an executive decision.
🔒 Art. 72 (President) > Art. 161 (Governor): only the President — court-martial + pardon of death sentence. Both act on advice; both reviewable on narrow grounds.
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