📘 IAS Prelims 2025 — GS-I | Q.86 | Classroom Explanation
(Polity & Governance | Constitutional Powers)

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📌 Question

Q.86)
Consider the following statements with regard to the 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?

(a) I only
(b) II only
(c) Both I and II
(d) Neither I nor II

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✅ Correct Answer: (a) I only

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🧑‍🏫 Classroom Explanation

The pardoning power of the President is provided under Article 72 of the Constitution.
It includes the power to grant:

• 🕊️ Pardon
• ⏳ Reprieve
• ⬇️ Respite
• 🔁 Remission
• ❌ Commutation of punishment

This power applies to:

• Cases involving Union law
• Court-martial
• Death sentences

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🔍 Statement-wise Analysis

🔹 Statement I — Correct ✅

👉 “The exercise of this power can be subjected to limited judicial review.”

• Though the power under Article 72 is executive in nature, it is not absolute.
• The Supreme Court has consistently held that judicial review is permissible on limited grounds, such as:
  • Arbitrary exercise
  • Mala fide intention
  • Non-application of mind
  • Consideration of irrelevant factors

📌 Key Supreme Court Judgments

• Maru Ram v. Union of India (1980)
• Epuru Sudhakar v. Government of Andhra Pradesh (2006)

⚖️ Courts do not examine the merits of mercy, only the decision-making process.

➡️ Hence, Statement I is correct.

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🔹 Statement II — Incorrect ❌

👉 “The President can exercise this power without the advice of the Central Government.”

• Under Article 74(1), the President must act on the aid and advice of the Council of Ministers.
• The pardoning power is no exception to this rule.
• In practice:
  • Mercy petitions are processed by the Ministry of Home Affairs
  • Recommendations are placed before the President
  • The President acts constitutionally bound by ministerial advice

📌 UPSC Trap

“High constitutional authority ≠ personal discretion”

➡️ Hence, Statement II is not correct.

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🧠 One-Line Memory Hook (Prelims Gold)

“Mercy is Presidential, but advice is ministerial.”

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📍 GS Mapping

Judicial Review

GS Paper II

Indian Constitution

Executive Powers

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