Which one of the following statements relating to the power of the President of India to grant pardon is not correct?

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Q: 105 (CAPF/2018)

Which one of the following statements relating to the power of the President of India to grant pardon is not correct?

question_subject: 

Polity

question_exam: 

CAPF

stats: 

0,52,72,27,18,27,52

keywords: 

{'pardon': [0, 0, 0, 1], 'power': [24, 3, 21, 61], 'president': [4, 0, 2, 1], 'own judicial mandate': [0, 0, 0, 1], 'judicial review': [3, 0, 0, 2], 'mercy petition': [0, 0, 0, 1], 'court martial': [0, 0, 0, 3], 'india': [8, 1, 7, 13]}

Option 1: The statement is correct. The President of India has the power to grant a pardon in cases where the punishment or sentence is given by a Court Martial. This power allows the President to show mercy and override the decision made by the military court.

Option 2: The statement is correct. The President of India can grant a pardon in cases where the sentence is death. This power gives the President the authority to commute or reduce the sentence of death penalty to a lesser punishment or completely pardon the individual.

Option 3: The statement is correct. The power of judicial review, which is the authority of the courts to review and declare the actions of the executive or legislative branches unconstitutional, is limited in relation to the decision of the President on a mercy petition. This means that the courts have limited power to review or overturn the President`s decision to grant or reject a mercy petition.

Option 4: The statement is incorrect. The power to grant pardon by the President is not a power that the sovereign never exercises against its own judicial mandate. In fact, the power of pardon is an essential aspect of the executive power of the President. The President has the authority to grant pardons or reduce sentences, even in cases where the judiciary has made a decision.

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