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Which one of the following statements relating to the power of the President of India to grant pardon is not correct?
The President has the power to grant pardon where punishment or sentence is by a Court Martial.
The President can grant pardon in all cases where the sentence is a sentence of death.
The Court's power of judicial review is very limited in relation to the decision of the President on mercy petition.
The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.
In common parlance, to pardon means to forgive a person of his offence. The term 'pardon' has been defined as an act of grace, proceeding from the power entrusted with the execution of the law, which exempts the individual on whom it is bestowed upon, from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender.
In other words, grant of pardon wipes off the guilt of accused and brings him to the original position of innocence as if he had never committed the offence for which he was charged. Under Indian law, the President of India and the Governors of States have been given the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence. The law governing grant of pardon is contained in Articles 72 and 161 of the Constitution.
By: Atul Sambharia ProfileResourcesReport error
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