With reference to pardoning powers of President consider the following statements 1 T...........

Indian Polity President of India

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With reference to pardoning powers of President, consider the following statements:

1. The pardoning power of the President is independent of the Judiciary.

2. President while exercising this power, sits as a court of appeal.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 & 2

Neither 1 nor 2

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Explanation:

2nd statement is incorrect.

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 pardoning power of President is NOT absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the Constitution but is the practical truth. Further, the Constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.