Q. 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?
Exp) Option a is the correct answer.
Under Article 72 of the Indian Constitution, the President of India has the power to grant pardons, reprieves, respites, remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of an offence.
This includes:
- Punishment by a Court Martial,
- Offences under Union law, and
- Death sentences.
Statement I is correct. The Supreme Court in the Maru Ram v. Union of India (1980) case held that the President’s power under Article 72 is subject to judicial review. Further, in Shatrughan Chauhan v. Union of India (2014), the court ruled that this power is not absolute. Judicial review can be exercised to ensure that the power is not used arbitrarily, or in bad faith, or based on extraneous considerations.
Statement II is incorrect. As per Article 74 of the Constitution, the President is bound to act on the aid and advice of the Council of Ministers. This includes the exercise of clemency powers under Article 72. The President cannot exercise this power independently or without the advice of the government.
| Type of Clemency | Meaning | Effect / Example |
| 1. Pardon | It removes both the sentence and the conviction. | The convict is fully absolved from all punishments and disqualifications. |
| 2. Commutation | Substitution of one form of punishment for a lighter one. | Death sentence → Rigorous imprisonment → Simple imprisonment. |
| 3. Remission | Reduction in the period of sentence without changing its nature. | Rigorous imprisonment for 2 years → Reduced to 1 year. |
| 4. Respite | Awarding a lesser sentence due to special circumstances. | A pregnant woman given life imprisonment instead of death. |
| 5. Reprieve | Temporary stay on the execution of a sentence (especially death). | Delay in execution to allow the convict to seek pardon or commutation. |
Source: Mastering Indian Polity- 10 th Edition – Forum IAS
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