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Indian Polity President of India

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Which of the following statements regarding the pardoning power of the president is/are correct?

1. He has the pardoning power in case of a court martial.

2. He can grant reprieve and respite in case of punishment for an offence against any law of land, Union or state.

3. He alone can pardon a death sentence.

4. His exercise of the power of pardon is open to judicial review.

Select the correct answer from codes given below

1 and 3 only

1, 2,3 and 4.

1 and 4 only

2 and 4 only

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Explanation:

Article 72 says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The meaning of these terms is as follows:

Pardon: Complete pardon
Reprieve: Temporary suspension of sentence
Respite: awarding less sentence
Remission: Reducing amount of sentence
Commutation: Changing one punishment to another.

In a landmark judgment Epuru Sudhakar & Anr vs Govt. Of A.P., the Supreme Court held that it has limited powers of Judicial review over the pardoning powers of the President. Granting of clemency by the President or Governor can be challenged on certain grounds:Now, it is a well settled principle that power under Articles 72 (pardon by President) and 161 (pardon by Governor) is subject to judicial review.

The President can pardon sentences of court-martial (military courts) while the governor has no such power related to sentences of court-martial.

All the statements are true.