UPSC Previous Year Question | Prelims GS | 2025

Consider the following statements with regard to the pardoning power of the President of India: I. The exercise of this power by the President can be subjected to limited judicial review. II. The President can exercise this power without the advice of the Central Government. Which of the statements given above is/are correct?

  1. Only I
  2. Only II
  3. I and II both
  4. Neither I nor II

Answer

Correct Answer

Only I

Explanation

The Supreme Court has held that the exercise of the President's pardoning power under Article 72 is subject to limited judicial review, e.g., for arbitrariness or mala fide exercise (Statement I correct). However, like all other presidential functions, this power is exercised on the aid and advice of the Council of Ministers (Central Government) under Article 74, not independently by the President, making Statement II incorrect.

Topics: article 72, pardoning power, polity