Consider the following statements with regard to pardoning power of t...

UPSC Prelims 2025 Indian Polity

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 Council of Ministers.

Which of the statements given above is/are correct?

Explanation

Statement I is correct: President’s pardoning power can be subjected to limited judicial review, especially on grounds like mala fides, irrelevant considerations, or arbitrariness (as held in Kehar Singh, Epuru Sudhakar cases). Statement II is incorrect: President cannot act independently; the power must be exercised on the aid and advice of the Council of Ministers under Article 74.