With regard to pardoning power of the President which of statements given below is incorrect ........

Indian Governance and Polity(UPPCS) Union - Executive, Legisture

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With regard to pardoning power of the President, which of statements given below is incorrect?

The power to pardon is to be exercised by the President on the advice of the Union Cabinet.

The President cannot pardon sentences inflicted by court martial.

The Constitution does not provide for any mechanism to question the legality of decisions of President.

None

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Explanation:

Pardoning power of the President :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 where the:
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.
The pardoning power of the President is independent of the Judiciary; it is an executive power. But, the President while exercising this power, does not sit as a court of appeal. The object of conferring this power on the President is two-fold: (a) to keep the door open for correcting any judicial errors in the operation of law; and, (b) to afford relief from a sentence, which the President regards as unduly harsh.