UPSC Prelims 2025 Question on Pardoning Power of President Article 72
Q. 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.
✅ Correct Answer: (a) I only
Explanation:
Statement I – Correct: The Supreme Court in Maru Ram v. Union of India (1980) and Shatrughan Chauhan v. Union of India (2014) held that the President’s clemency powers under Article 72 are subject to limited judicial review, especially in cases of arbitrariness or mala fide intent.
Statement II – Incorrect: As per Article 74 of the Constitution, the President must act on the aid and advice of the Council of Ministers. The clemency power under Article 72 cannot be exercised independently.
