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?
Answer & explanation
Answer: (a) I only
Article 72 gives the President the pardoning power, but Article 74 makes him act on the advice of the Council of Ministers, so he cannot use it on his own. The Supreme Court has held that its exercise is open to judicial review, though only in a limited form.
- ✓ I The Law Commission of India records that, in Epuru Sudhakar (2006), the Supreme Court held the President's power under Article 72 subject to a limited form of judicial review. NCERT likewise notes that courts have brought the powers of the President and Governor within judicial review.
- ✗ II Article 74(1) says the President shall, in exercising his functions, act in accordance with the advice of the Council of Ministers headed by the Prime Minister. He may ask the Council to reconsider once, but must then follow the advice given.
Remember · Pardon (Article 72) is exercised on Council of Ministers' advice (Article 74), and is open to limited judicial review.
📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 6 (practise this chapter)
Sources
- NCERT Class 11 · Indian Constitution at Work, Chapter 6 “Thus, areas that were considered beyond the scope of judicial review such as powers of the President and Governor were brought under the purview of the courts.”
- Report No. 262, The Death Penalty, Law Commission of India (2015), para 6.3.2 (Internet Archive copy of the official PDF) ↗ “the exercise of power under Article 72 by the President and Article 161 by the Governor is subject to limited form of judicial review.”
- The Constitution of India (Legislative Department, Government of India), Article 72(1) ↗ “The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence … There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:”
Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·