Q. With regards to pardoning powers of the President, which of the following principles is/are given by Supreme Court?
1. The President cannot examine the evidence afresh.
2. The President is not bound to give reasons for his order.
3. The power is to be exercise on the advice of the union cabinet.
4. The petitioner for mercy has a right to an oral hearing by the President.
Choose the correct answer from the options given below:
Answer: B
Notes:
Exp) Option b is the correct answer
Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases if offence is under Union Law, Punishment is by military court, sentence is of death. The Supreme Court examined the pardoning power of the President under different cases and laid down the following principles:
- The petitioner for mercy has no right to an oral hearing by the President. (Statement 4 is incorrect)
- The President can examine the evidence afresh and take a view different from the view taken by the court. (Statement 1 is incorrect)
- The power is to be exercised by the President on the advice of the union cabinet. (Statement 3 is correct)
- The President is not bound to give reasons for his order. (Statement 2 is correct)
- The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake.
- There is no need for the Supreme Court to lay down specific guidelines for the exercise of power by the President.
- The exercise of power by the President is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.
- Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition.
