Q. Consider the following statements with respect to the powers of the President of India:
1.The President can exercise its pardoning powers only on the advice of the council of ministers.
2.A pardon in India completely absolves the person of conviction and punishment.
3.The President’s pardoning power can only be reviewed by a special constitutional bench.
Which of the statement(s) given above is/are correct?
Answer: B
Notes:
Explanations –
Statements 1 and 2 are correct. The President must act on the advice of the Council of Ministers when exercising pardoning powers. A pardon in India removes both the conviction and the punishment, absolving the individual from all associated disqualifications.
Statement 3 is incorrect. The President’s pardoning power can be subject to judicial review, but not specifically by a special constitutional bench. The review is limited and can be conducted by any competent court if the exercise of power is found to be arbitrary, mala fide, or discriminatory.
Source: The Hindu
