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Difficulty: MediumUnion Executive: President, Vice-President, PM, and Council of Ministers

Regarding the constitutional provisions and judicial precedents governing the pardoning power of the President of India under Article 72, which of the following statements are correct?

  1. The President can grant pardons, reprieves, respites, or remissions of punishment in all cases where the sentence is passed by a Court Martial.Answer
  2. B
    The Constitution obligates the President to grant a mandatory personal oral hearing to the petitioner before deciding a mercy petition.
  3. The exercise of pardoning power under Article 72 is performed by the President on the aid and advice of the Union Council of Ministers.Answer
  4. D
    The decision of the President under Article 72 is absolute and entirely beyond the scope of judicial review under any grounds.

Answer

The correct statements are that the President's pardoning power extends to sentences by a Court Martial and that this executive power is exercised on the aid and advice of the Union Council of Ministers.
The President's pardoning power under Article 72 extends to sentences awarded by a Court Martial, and this executive power is exercised on the aid and advice of the Council of Ministers rather than as a personal discretion.

Step-by-Step Solution

1
Examine the constitutional scope of Article 72 regarding military courts.
Article 72(1)(a) explicitly grants the President authority to suspend, remit, or commute sentences passed by a Court Martial, a power not shared by state Governors under Article 161.
To verify the specific jurisdictions covered under presidential pardoning power.
2
Evaluate the executive authority mechanism under Article 74 in relation to clemency.
In parliamentary governance, executive power under Article 72 is exercised on the aid and advice of the Union Council of Ministers.
To determine whether clemency is a personal discretion of the President or a Cabinet decision.
3
Analyze judicial precedents concerning procedural requirements and judicial oversight.
Judicial rulings establish that an oral hearing is not mandatory (Kehar Singh case), and presidential decisions remain subject to limited judicial review on grounds of arbitrariness or mala fides (Epuru Sudhakar case).
To test common misconceptions about constitutional procedures and judicial review.

Key Concept

Pardoning Power of the President under Article 72 and Constitutional Boundaries
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Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

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