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.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2018
The correct answer is D) The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.
Statement D is incorrect. The power to grant pardon is an executive power exercised by the sovereign (represented by the President) that acts upon, and can override or modify, a sentence pronounced by the judiciary (another arm of the sovereign). In this sense, it is exercised “against” the full execution of the judicial mandate (the sentence) to provide relief or clemency. It doesn’t challenge the judiciary’s authority to deliver the verdict and sentence, but it acts as a check on the severity or appropriateness of the punishment in certain cases.