Question map
Which one of the following statements is correct ?
Explanation
Statement 2 is correct as Article 53(2) of the Constitution of India explicitly states that the supreme command of the Defence Forces of the Union shall be vested in the President, and the exercise thereof shall be regulated by law [4]. This ensures that while the President is the formal head, the actual employment and maintenance of the forces are subject to parliamentary regulation [4]. Statement 1 is incorrect because Article 72 empowers the President to grant pardons in all cases where the punishment or sentence is by a Court Martial [3]. Statement 3 is incorrect because rigorous imprisonment involving hard labor is a legally sanctioned punishment and does not violate Article 23, which prohibits 'begar' and forced labor but allows for compulsory service for public purposes. Statement 4 is incorrect because the Supreme Court has held that the jurisdiction of High Courts under Article 226 is part of the basic structure and cannot be completely ousted by the Armed Forces Tribunal Act.
Sources
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 213
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222