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?
- AI onlyCorrect
- BII only
- CBoth I and II
- DNeither I nor II
Explanation
Analyzing statements about Presidential pardoning power:
I. Exercise of this power can be subjected to limited judicial review: Correct. While the President's pardoning power is wide, the Supreme Court has held that it can be subject to judicial review on limited grounds such as whether the power was exercised malafide, based on irrelevant considerations, or in violation of constitutional principles.
II. President can exercise this power without advice of Central Government: Incorrect. The President exercises pardoning power on the advice of the Central Government (Council of Ministers). Like other executive powers, this is not exercised independently by the President but on ministerial advice as per the constitutional framework.
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