Q. Consider the following statements regarding pardoning power of the President of India:
1. When the punishment or sentence is for an offence against Union Law.
2. When the punishment or sentence is by a court martial (military court).
3. In case of a death sentence.
The Constitution empowers the President to exercise the pardoning powers in how many of the above given circumstances?
Exp) Option c is the correct answer.
The pardoning power of the President is independent of the Judiciary. But the President while exercising this power, does not sit as a court of appeal.
Options 1,2 and 3 are correct: The President grants pardons to persons who have been tried and convicted of any offense in all cases where the: 1. Punishment or sentence is for an offense against a Union Law or the offense made under Concurrent Exp) Option c is the correct answer. The pardoning power of the President is independent of the Judiciary. But the President while exercising this power, does not sit as a court of appeal.
Options 1,2 and 3 are correct: The President grants pardons to persons who have been tried and convicted of any offense in all cases where the: 1. Punishment or sentence is for an offense against a Union Law or the offense made under Concurrent Lists (A regards laws made under Concurrent Lists; the jurisdiction of the President shall be concurrent with that of Governor) (Option 1 is correct) 2. Punishment or sentence is by a court martial (military court); and (Option 2 is correct) 3. The sentence is a sentence of death (Option 3 is correct)
| Important Tips Under Article 72 of the Constitution, the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death. • Only the President can pardon sentence inflicted by court martial. |
