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Pardoning Power of the President

Posted on : 11 Jan 2020

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  • Article 72 of the Indian Constitution empowers the President to grant pardon.
  • 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.
  • The President can examine the evidence afresh and take a view different from the view taken by the court.
  • The power is to be exercised by the President on the advice of the union cabinet.
  • The President is not bound to give reasons for his order.
  • 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, malafide or discriminatory.
  • Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition.

Article Related Questions

  1. The Supreme Court has examined the pardoning power of the President under different cases and laid down various principles. In this context, which of the following statements are correct?
    1.The petitioner for mercy has no right to an oral hearing by the President.
    2.The power is to be exercised by the President on the advice of the Union Cabinet.
    3.The President is not bound to give reasons for his order.
    Select the correct answer using the code given below:

  2. 1.1 and 2 only

    2.2 and 3 only

    3.1 and 3 only

    4.1, 2 and 3

    Right Ans : 1, 2 and 3

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