{"id":90302,"date":"2025-06-01T10:24:56","date_gmt":"2025-06-01T10:24:56","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=90302"},"modified":"2025-06-01T10:24:56","modified_gmt":"2025-06-01T10:24:56","slug":"which-one-of-the-following-statements-relating-to-the-power-of-the-pre","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/which-one-of-the-following-statements-relating-to-the-power-of-the-pre\/","title":{"rendered":"Which one of the following statements relating to the power of the Pre"},"content":{"rendered":"

Which one of the following statements relating to the power of the President of India to grant pardon is not correct?<\/p>\n

[amp_mcq option1=”The President has the power to grant pardon where punishment or sentence is by a Court Martial.” option2=”The President can grant pardon in all cases where the sentence is a sentence of death.” option3=”The Court\u2019s power of judicial review is very limited in relation to the decision of the President on mercy petition.” option4=”The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.” correct=”option4″]<\/p>\n

\n
\n
This question was previously asked in<\/div>\n
UPSC CAPF – 2018<\/div>\n<\/div>\n
Download PDF<\/a>Attempt Online<\/a><\/div>\n<\/div>\n
\nThe 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.
\n<\/section>\n
\nStatement 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.
\n<\/section>\n
\nA) is correct as Article 72 of the Constitution grants the President power to grant pardon in cases where the punishment is by a Court Martial.
\nB) is correct as Article 72 also grants the President power to grant pardon in all cases where the sentence is a sentence of death.
\nC) 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.
\n<\/section>\n","protected":false},"excerpt":{"rendered":"

Which one of the following statements relating to the power of the President of India to grant pardon is not correct? [amp_mcq option1=”The President has the power to grant pardon where punishment or sentence is by a Court Martial.” option2=”The President can grant pardon in all cases where the sentence is a sentence of death.” … <\/p>\n

Detailed SolutionWhich one of the following statements relating to the power of the Pre<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1085],"tags":[1114,1099,1175],"class_list":["post-90302","post","type-post","status-publish","format-standard","hentry","category-upsc-capf","tag-1114","tag-indian-polity-and-governance","tag-the-president","no-featured-image-padding"],"yoast_head":"\nWhich one of the following statements relating to the power of the Pre<\/title>\n<meta name=\"description\" content=\"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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/which-one-of-the-following-statements-relating-to-the-power-of-the-pre\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Which one of the following statements relating to the power of the Pre\" \/>\n<meta property=\"og:description\" content=\"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. 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