Consider the following statements with regard to 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?
A
I only
Correct Answer
B
II only
C
Both I and II
D
Neither I nor II
Explanation
Statement I is correct because the Supreme Court, in cases like *Epuru Sudhakar*, ruled that the President's pardoning power is subject to limited judicial review to check for arbitrariness, mala fide intent, or irrelevant considerations. Statement II is incorrect because the President does not exercise this power in their personal capacity; they must act on the aid and advice of the Council of Ministers as mandated by Article 74. This question tests the constitutional scope and procedural constraints of the executive’s clemency powers under Article 72.
President of IndiaPardoning PowerPresident of IndiaPardoning PowerArticle 72Judicial ReviewCouncil of Ministers