UPSC Prelims 2025 Q86: Indian Polity – President
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Answer: (a) I only
Explanation
President's Pardoning Power — Articles 72 and 161
| Statement | Claim | Verdict | Constitutional Basis |
|---|---|---|---|
| I | Exercise of pardoning power can be subjected to limited judicial review | TRUE | Supreme Court held in Maru Ram v. Union of India (1981) and Epuru Sudhakar v. Govt. of AP (2006) that pardoning power IS subject to limited judicial review - courts can examine if the President acted on irrelevant considerations, arbitrariness, or non-application of mind. Not unlimited immunity. |
| II | President can exercise pardoning power without advice of Central Government | FALSE | Under Article 74(1), the President must act on the aid and advice of the Council of Ministers in ALL executive functions. Pardoning power (Art. 72) is an executive function - it is exercised on the advice of the Union Cabinet, NOT on the President's sole discretion. |
Only Statement I correct → Answer: I only
Presidential Pardoning Power (Article 72):
| Power | Scope |
|---|---|
| Pardon | Complete reprieve - wipes out conviction and sentence |
| Reprieve | Temporary postponement of sentence (e.g., pregnancy) |
| Respite | Reduction of sentence in special circumstances |
| Remission | Reduction of sentence without changing its nature |
| Commutation | Substitution with lesser punishment |
| Governor's power | Article 161 - same as President but for State laws only |
Answer: (a) I only.
Why each option is right or wrong
- (a) CORRECT. Judicial review of pardoning power is constitutionally permissible on limited grounds (arbitrariness, irrelevant factors) per Supreme Court precedents. Pardoning power requires Cabinet advice — President cannot act alone.
- (b) Incorrect. Statement II alone would mean the President acts independently without Cabinet advice — Article 74(1) requires President to act on Council of Ministers' advice in ALL executive functions.
- (c) Incorrect. 'Both I and II' would mean the President can pardon without Cabinet advice. The Cabinet's role in pardoning is constitutionally mandatory under Article 74.
- (d) Incorrect. 'Neither I nor II' would mean pardoning power cannot be judicially reviewed — but the Supreme Court has clearly held limited judicial review is permissible.
Key point
President's pardoning power (Art. 72) = exercised on Cabinet advice (Art. 74). Subject to limited judicial review (not absolute). Governor's pardoning power = Art. 161.
Remember
President's pardoning power (Art. 72) is exercised on Cabinet advice (Art. 74) — not independently. Courts can review it on limited grounds (arbitrariness, non-application of mind).
Common mistakes
- Thinking the pardoning power is an absolute presidential discretion immune from judicial review — the Supreme Court allows review for arbitrariness and irrelevant considerations.
- Confusing discretionary powers (like appointing PM when no majority) with pardoning — pardoning is NOT a discretionary power; it requires Cabinet advice.
- Forgetting Governor's pardoning power (Art. 161) is more limited than President's — President can pardon in military court cases and death sentences; Governor cannot.
Exam tip
Presidential pardoning power: Art. 72 = 5 powers (pardon, reprieve, respite, remission, commutation). Requires Cabinet advice (Art. 74). Limited judicial review allowed (Epuru Sudhakar case 2006). President ALONE cannot pardon — it's on Cabinet recommendation.
Sources
- Constitution of India — Article 72 (Pardoning Power), Article 74 (Council of Ministers)
- Epuru Sudhakar v. Govt. of AP (2006) — Supreme Court on judicial review of pardoning power