Q. Consider the following statements with regard to pardoning power of the President of India:

1. The exercise of this power by the President can be subjected to limited judicial review.
2. The President can exercise this power without the advice of the Central Government.

Which of the statements given above is/are correct?

• 1 only
• 2 only
• Both 1 and 2
• Neither 1 nor 2

Answer: (a) 1 only

Pardon Power of the President in India

• Pardon Powers:  Article 72 of the Indian Constitution gives the President of India the power to grant pardons, remit or commute sentences, grant respites or remissions of punishment, or reprieve the sentence of any person convicted of an offense in cases where:
  • The punishment is by a Court Martial. 
  • The sentence involves capital punishment (death sentence). 
  • The conviction is for offenses under Union laws. 
• Significance: This power ensures that the president can remedy potential judicial errors or exercise clemency in situations requiring humanitarian considerations. 
• Limitations: The President cannot exercise this power independently. Decisions must align with the advice of the Council of Ministers.
  • This principle was upheld by the Supreme Court (SC) of India in landmark cases such as:
    • Maru Ram vs Union of India, 1980: The SC held that the power to grant pardons must be exercised fairly, reasonably, and without arbitrariness, ensuring justice and balance. 
    • Kehar Singh v. Union of India, 1988: The SC held that the President’s pardoning power is independent of the judiciary, but it can be reviewed to ensure procedural fairness. The review focuses on adherence to constitutional principles and procedural requirements, not the merits of the decision. 
• The exercise of the President’s pardoning power can be subjected to limited judicial review. The Supreme Court has held that this power is not absolute and can be reviewed by courts on grounds such as arbitrariness, mala fide, or if exercised on irrelevant considerations.