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Q86 (IAS/2025) Polity & Governance › Union Executive › Powers of President Answer Verified

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?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is option A (I only).

**Statement I is correct:** In Kehar Singh case (1988), the Supreme Court examined the pardoning power of the President[1], establishing that the exercise of this power is subject to limited judicial review. While the documents don't elaborate on the specific principles laid down, this landmark case confirmed that judicial review does apply to the President's pardoning power, though in a limited manner.

**Statement II is incorrect:** The executive powers shall be exercised by the President of India in accordance with the advice of his Council of Ministers [Article 74(1)].[3] 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.[4] The pardoning power, being an executive power, must be exercised on the advice of the Council of Ministers. The President cannot exercise this power independently without such advice.

Therefore, only Statement I is correct, making option A the right answer.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements with regard to pardoning power of the President of India : I. The exercise of this power by the Presid…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a classic 'Static Polity' sitter. If you missed this, your core reading of Laxmikanth or Basu is weak. The intersection of Article 72 (Pardon) and Article 74 (Council of Ministers) is a fundamental concept, and UPSC consistently tests the 'limits' of these powers rather than just their definitions.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is the exercise of the President of India's power to grant pardons (Article 72) subject to limited judicial review by Indian courts?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199
Presence: 4/5
“But, the pardoning power of the governor differs from that of the President in following two respects: • 1. The President can pardon sentences inflicted by court martial (military courts) while the governor cannot. • 2. The President can pardon death sentence while governor cannot. Even if a state law prescribes death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence. In other words, both the governor and the President have concurrent power in respect of suspension, remission and commutation of death sentence. In Kehar Singh case (1988), the Supreme Court examined the pardoning power of the President and laid down the following principles: • 1.”
Why this source?
  • Specifically notes the Supreme Court in Kehar Singh (1988) examined the pardoning power, implying judicial scrutiny of that power.
  • Reference to a landmark case where the Court laid down principles on the President's pardon power supports existence of judicial oversight.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
Presence: 4/5
“Before we take up an analysis of the different powers of Constitutional the Indian President, we should note the constitutional limitations on President's powers. limitations under which he is to exercise his executive powers. Firstly, he must exercise these powers according to the Constitution [Article 53(1)]. Thus, Article 75(1) explicitly requires that Ministers (other than the Prime Minister) can be appointed by the President only on the advice of the Prime Minister. There will be a violation of this provision if the President appoints a person as Minister from outside the list submitted by the Prime Minister. Secondly, the executive powers shall be exercised by the President of India in accordance with the advice of his Council of Ministers [Article 74(1)].”
Why this source?
  • Asserts that the President must exercise executive powers in accordance with the Constitution, creating a constitutional constraint on exercise of Article 72.
  • Constitutional compliance implies amenability to judicial enforcement where constitutional limits are breached.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
Presence: 5/5
“General or the Solicitor General. For exercising the suo motu power for contempt under Article 129 of the Constitution of India, the limitation provided in section 20 of the 1971 Act has no application. Under Article 142, the Supreme Court can grant appropriate relief for doing complete justice: (i) where there is some manifest illegality; or (ii) where there is a manifest want of jurisdiction; or (iii) where some palpable injustice is shown to have resulted. The scope of contempt jurisdiction extends to, punishing contemnors for violating the court's orders; punishing contemnors for disobeying the court's orders; punishing contemnors for breach of undertakings given to the courts.”
Why this source?
  • Describes the Supreme Court's power under Article 142 to grant relief where there is manifest illegality, want of jurisdiction, or palpable injustice — typical bases for judicial intervention.
  • Provides concrete doctrinal grounds (manifest illegality, want of jurisdiction, palpable injustice) on which courts can act, supporting limited review.
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