- 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?
Verified Answer
A. I only
B. II only
C. Both I and II
D. Neither I nor II
Explanation:
* **Statement I:** The Supreme Court of India, in various judgments (e.g., Epuru Sudhakar & Anr. vs. Govt. of A.P. & Ors., 2006), has clarified that the President's pardoning power is subject to limited judicial review to prevent arbitrariness or mala fide exercise. Thus, Statement I is correct. * **Statement II:** As per Article 74 of the Indian Constitution, the President exercises his powers, including the pardoning power, on the aid and advice of the Council of Ministers headed by the Prime Minister. The President cannot act independently in this regard. Thus, Statement II is incorrect. Therefore, only Statement I is correct.