UPSC CSE Prelims
Question 5
Consider the following statements with regard to pardoning power of the President of India :
- The exercise of this power by the President can be subjected to limited judicial review.
- The President can exercise this power without the advice of the Central Government.
Which of the statements given above is/are correct?
View correct answer and explanation
Correct answer: A
Correct Option: A (I only)
Explanation: The President's clemency power under Article 72 is subject to limited judicial review, such as for arbitrariness or mala fides. It is a constitutional executive power exercised on the aid and advice of the Union Council of Ministers.
Statement / Pair / Item-wise Analysis:
I: True-courts may review procedural or constitutional misuse, not substitute their own clemency decision.
II: False-the President does not act independently of ministerial advice.
Option-wise Analysis:
A. Correct-this matches the facts and the item-wise assessment above.
B. Incorrect-includes II despite the item-wise findings; omits I which the answer requires.
C. Incorrect-includes II despite the item-wise findings.
D. Incorrect-omits I which the answer requires.