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Consider the following statements?
1.President is the only authority for pardoning a sentence of death.
2.Powers of president under article 72 are of the nature of executive powers.
3.President exercises his pardoning powers on the advice of union government.
Select the correct statement/s using codes given below
1 and 2
2 and 3 only
1 and 3
1, 2 and 3
All the statements are correct.
1. The President in the Union and the Governor in the State can have pardoning powers under Article 72 and 161 of the Constitution respectively. The President can Pardon death sentence and is only authority to do so the Governor cannot pardon death sentence but can suspend, remit or commute a death sentence.
2. Under Article 72 of the Constitution, 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 where the sentence is a sentence of death.
3. The President cannot exercise his power of pardon independent of the government. In several cases, the Supreme Court has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas.
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