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
B) is correct as Article 72 also grants the President power to grant pardon in all cases where the sentence is a sentence of death.
C) is generally correct. The Supreme Court has held that the President’s power under Article 72 is subject to judicial review, but the grounds for review are very limited (e.g., arbitrariness, malafide intent, extraneous considerations, discrimination). Courts do not review the appropriateness of the sentence or substitute their own judgment for the President’s.