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?

(a) I only ✓ UPSC's answer
(b) II only
(c) Both I and II
(d) Neither I nor II

Why the answer is (a)

• Article 72 empowers the President to grant pardons, reprieves, respites, remissions, suspensions and commutations of sentences, including in death-sentence and court-martial cases.

• Statement I is correct: in Maru Ram (1980), Kehar Singh (1989) and Epuru Sudhakar (2006) the Supreme Court held that the exercise of this power is open to limited judicial review — for mala fides, irrelevant considerations, arbitrariness or non-application of mind — though the court cannot substitute its own decision.

• Statement II is wrong: like other executive powers, the pardoning power is exercised on the aid and advice of the Council of Ministers (Article 74); the President cannot act independently of the Government.

• Delay in deciding mercy petitions has itself been held a ground for commutation (Shatrughan Chauhan, 2014).

• Hence I only, option (a).

Why the other options are wrong

(b) II only: Statement II is wrong: the President acts on ministerial advice; statement I is correct.
(c) Both I and II: Statement II is wrong, so both cannot be correct.
(d) Neither I nor II: Statement I is correct: limited judicial review is settled law.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2025, held on 25 May 2025. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.