UPSC Prelims 2025 · Question 66 of 100
UPSC Prelims 2025 question on Presidential Pardoning Power
Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of this power by the President can be subjected to limited judicial review.
II. The President can exercise this power without the advice of the Central Government.
Which of the statements given above is/are correct?
Show answer
Answer: A. I only
Verdict
Only Statement I is correct → Option (a).
Statement by statement
Statement I – CORRECT: Although the pardoning power conferred upon the President under Article 72 of the Constitution is an executive function, it is not beyond the reach of judicial scrutiny. The Supreme Court, in landmark rulings such as Maru Ram v. Union of India (1980) and Epuru Sudhakar v. Government of Andhra Pradesh (2006), has made it clear that this power is not absolute. Judicial review is permissible if it is alleged that the decision was taken arbitrarily, in bad faith, without proper application of mind, or influenced by irrelevant or extraneous considerations. Hence Statement I is correct.
Statement II – INCORRECT: Under Article 74(1) of the Constitution, the President is constitutionally bound to act in accordance with the aid and advice of the Council of Ministers, headed by the Prime Minister. The pardoning power under Article 72 is no exception, as it is an executive function exercised on behalf of the Union Government. In practice, the Ministry of Home Affairs processes mercy petitions and forwards its recommendations to the President. Therefore, the President does not exercise this power independently but acts on the advice of the Central Government. Hence Statement II is not correct.