Authentic Classroom Explanation by IAS Monk

---

📍 The Question

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

---

✅ Correct Answer: (a) I only

---

🎯 Theme of the Question

Polity & Governance
President of India
Article 72 – Pardoning Power
Judicial Review & Executive Discretion

This question tests the constitutional limits on executive powers, especially where mercy jurisdiction intersects with judicial oversight.

---

🧠 Classroom Explanation

Let us examine each statement with constitutional and judicial clarity.

---

🔹 Statement I ✔️

“The exercise of this power by the President can be subjected to limited judicial review.”

• The President’s pardoning power flows from Article 72 of the Constitution.
• Although it is an executive function, the Supreme Court has consistently held that:
  • This power is not absolute
  • It is subject to limited judicial review

Judicial review is allowed only on specific grounds, such as:

• Arbitrariness
• Mala fide intention
• Non-application of mind
• Consideration of irrelevant or extraneous factors

⚠️ Courts do not re-examine the merits of the mercy decision; they only examine the decision-making process.

📌 Verdict: ✔️ Correct

---

🔹 Statement II ❌

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

• Article 74(1) of the Constitution mandates that:
  • The President shall act only on the aid and advice of the Council of Ministers
• The pardoning power under Article 72 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

📌 Verdict: ❌ Not correct

---

📊 Final Assessment

Statement	Status
I	✔️ Correct
II	❌ Incorrect

👉 Correct answer: (a) I only

---

🧩 Prelims Trap Alerts

• ❌ “President’s mercy power is absolute” — Wrong
• ❌ “President acts independently in mercy matters” — Wrong
• ✔️ Judicial review exists, but only procedural, not substantive

---

🧠 One-Line Memory Hooks

• “Mercy is executive, but not immune.”
• “Article 72 bends to Article 74.”

---

🧭 IAS Monk Whisper

In Polity, power without accountability is never constitutional — UPSC tests exactly this balanc