| Which of the following statements regarding the pardoning powers of the President is/are not correct? |
| I. He has the pardoning power in respect of sentence by court martial |
| II. He can grant reprieve and respite in case of punishment for an offence against any law of the land, Union or State. |
| III. He alone can pardon a sentence of death |
| IV. His exercise of the power of pardon is open to judicial review |
A) I and III
B) II and III
C) I and IV
D) II and IV
Correct Answer: B
Solution :
[b] The pardoning power of President is NOT absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the Constitution but is the practical truth. Further, the Constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.
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