Consider the following statements with regard to the pardoning power of the President of India:

1. The exercise of this power by the President can be subjected to limited judicial review.
2. The President can exercise this power without the advice of the Central Government.

Which of the statements given above is/are correct?

1. I only
2. II only
3. Both I and II
4. Neither I nor II

Explanation

Statement 1 is correct, and Statement 2 is incorrect

• Principles laid down by the Supreme Court regarding the President’s pardoning power:
  • A mercy petitioner is not entitled to an oral hearing before the President.
  • The President may independently review the evidence and reach a conclusion that differs from the courts.
  • The President is not required to give reasons for the decision made.
  • The President exercises the pardoning power based on the advice of the Union Cabinet.
  • The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake
  • It is not necessary for the Supreme Court to prescribe specific guidelines for how the President should exercise this power.
  • 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.
  • Once a mercy petition has been rejected by the President, filing another petition cannot be used to obtain a stay.

Answer: (a) I only; Difficulty Level: Easy