Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of

Question

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?

Accepted Answer

While the President's pardoning power under Article 72 is broad, it is not absolute and is subject to limited judicial review on grounds of mala fide intention or an arbitrary exercise of power. Furthermore, the President acts on the advice of the Council of Ministers, typically the concerned ministry or department, not independently.