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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

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.
Statement 2
Can the President of India exercise the power to grant pardons under Article 72 without the advice of the Central Government/Council of Ministers?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
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
Presence: 5/5
“Previous advice, the President shall be bound to act according to that advice. Article 74(1), as it stands after the 44th Amendment, 1978, stands thus: (1) 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. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. The position to-day, therefore, is that the debate whether the President of India has any power to act contrary to the advice given by the Council of Ministers has become meaningless.”
Why this source?
  • States Article 74(1) (after amendments) requires the President to act in accordance with the Council of Ministers' advice
  • Says the debate whether President can act contrary to ministerial advice is 'meaningless' — implying no independent discretion
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > The President > p. 68
Presence: 5/5
“The Chief Justice of India, the Judges of the Supreme Court and the High Courts of the states, the Governors of the states, the Election Commissioners, ambassadors to other countries, etc. All international treaties and agreements are made in the name of the President. The President is the supreme commander of the defence forces of India. But we should remember that the President exercises all these powers only on the advice of the Council of Ministers. The President can ask the Council of Ministers to reconsider its advice. But if the same advice is given again, she is bound to act according to it.”
Why this source?
  • Explicitly asserts the President exercises all powers only on the advice of the Council of Ministers
  • Notes President may ask for reconsideration but is bound if the same advice is reiterated
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?
  • Explains constitutional limitation that executive powers must be exercised according to the Constitution and Article 74(1)
  • Links the requirement to follow ministers' advice to exercise of the President's executive functions
Pattern takeaway: UPSC loves the 'Checks and Balances' theme. Whenever a seemingly absolute power (like Pardon) is mentioned, the exam pattern is to test the exceptions (Judicial Review) and the procedural constraints (Aid and Advice). They rarely ask simple definition questions; they ask about the nature and scope of the power.
How you should have studied
  1. [THE VERDICT]: Sitter. Directly sourced from Laxmikanth (Chapter: President) and D.D. Basu. No current affairs linkage required.
  2. [THE CONCEPTUAL TRIGGER]: The tension between 'Executive Clemency' (Mercy) and 'Rule of Law' (Judicial Review). Does the President act as a King or a Constitutional functionary?
  3. [THE HORIZONTAL EXPANSION]: (1) Epuru Sudhakar case grounds for review: Mala fide, extraneous considerations, relevant material ignored. (2) Maru Ram case: President is an 'abbreviation' for the Central Govt. (3) Art 72 vs Art 161: Governor cannot pardon death sentences (only suspend/remit) and cannot touch Court Martial verdicts. (4) Shatrughan Chauhan case: Undue delay in deciding mercy petition is a ground for commutation.
  4. [THE STRATEGIC METACOGNITION]: Don't just memorize the list of powers. Always ask the operational questions: 'Is this power absolute?' (No, Judicial Review applies). 'Is this power discretionary?' (No, Aid and Advice applies). UPSC targets the constraints on power.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Pardoning power under Article 72 — scope and categories
💡 The insight

Article 72 authorizes the President to grant pardons, reprieves, respites, suspensions, remissions and commutations in specific categories of cases including death sentences and court-martial decisions.

High-yield for polity questions: understanding the statutory scope (when the power applies) helps answer questions on centre-state distinctions, criminal law remedies and constitutional remedies; it connects to topics on executive clemency and criminal jurisprudence and enables candidates to reason about who can exercise which clemency powers.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 198
🔗 Anchor: "Is the exercise of the President of India's power to grant pardons (Article 72) ..."
📌 Adjacent topic to master
S1
👉 Constitutional limits on presidential executive power
💡 The insight

The President must exercise executive powers in accordance with the Constitution, so clemency under Article 72 is not beyond constitutional constraints.

Crucial for UPSC mains and prelims: mastering how constitutional limits operate on high executive offices connects to separation of powers, judicial review, and landmark case analysis; it allows candidates to evaluate when executive action can be struck down and to link doctrine to factual scenarios.

📚 Reading List :
  • 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
🔗 Anchor: "Is the exercise of the President of India's power to grant pardons (Article 72) ..."
📌 Adjacent topic to master
S1
👉 Judicial remedial grounds: manifest illegality, want of jurisdiction, palpable injustice
💡 The insight

Courts can grant relief where executive action results in manifest illegality, lack of jurisdiction, or palpable injustice — grounds used to test clemency decisions.

Essential for constitutional law questions: these doctrinal grounds are frequently invoked in petitions against executive acts; mastering them helps answer questions on the scope of judicial review, remedies under Article 142, and limits of executive discretion.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
🔗 Anchor: "Is the exercise of the President of India's power to grant pardons (Article 72) ..."
📌 Adjacent topic to master
S2
👉 Binding nature of Council of Ministers' advice (Article 74)
💡 The insight

The President must act in accordance with the Council of Ministers' advice when exercising constitutional functions, limiting independent action.

High-yield for questions on executive powers and President's role; connects to constitutional amendments and Praesidential discretion. Mastering this enables answering items on separation of powers, presidential vs. ceremonial roles, and ministerial responsibility.

📚 Reading List :
  • 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
  • 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
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 214
🔗 Anchor: "Can the President of India exercise the power to grant pardons under Article 72 ..."
📌 Adjacent topic to master
S2
👉 Pardoning power under Article 72 and its limits
💡 The insight

Pardoning power belongs to the President but is an exercise of constitutional function subject to Article 74 constraints.

Important for questions on constitutional remedies, articles 72/161 contrasts, and landmark cases on mercy petitions. Understanding this helps tackle mixed questions on executive clemency and federal distribution of powers.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199
🔗 Anchor: "Can the President of India exercise the power to grant pardons under Article 72 ..."
📌 Adjacent topic to master
S2
👉 Reconsideration power vs final binding advice
💡 The insight

The President may ask the Council of Ministers to reconsider advice, but must follow the advice if it is re-affirmed.

Useful for situational questions about presidential options when disagreeing with ministerial advice; links to constitutional amendment history and practical limits on President's discretion.

📚 Reading List :
  • 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
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > The President > p. 68
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
🔗 Anchor: "Can the President of India exercise the power to grant pardons under Article 72 ..."
🌑 The Hidden Trap

The 'Time Limit' Trap: The Constitution prescribes no time limit for the President to decide on mercy petitions. However, the Supreme Court in the *Shatrughan Chauhan* case (2014) ruled that 'inordinate and unexplained delay' by the President is itself a ground to commute a death sentence to life imprisonment. This is the next logical question.

⚡ Elimination Cheat Code

The 'Constitutional Head' Logic: In India's Parliamentary system, the President is the *Nominal* Executive. Any statement suggesting the President exercises substantive power (like pardoning) 'without advice' (Statement II) would turn India into a Presidential system or a Monarchy. Therefore, Statement II violates the Basic Structure and must be false.

🔗 Mains Connection

Mains GS-2 (Separation of Powers & Federalism): The pardoning power is a remnant of 'Royal Prerogative' adapted into a 'Constitutional Duty'. Connect this to the debate on Capital Punishment—when the Executive fails to decide (delay), the Judiciary steps in (Judicial Activism), altering the balance of power.

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SIMILAR QUESTIONS

CAPF · 2018 · Q105 Relevance score: 6.03

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

CDS-I · 2016 · Q73 Relevance score: 5.44

Which of the following statements relating to the office of the President of India are correct ? 1. The President has the power to grant pardon to a criminal in special cases 2. The President can promulgate ordinances even when the Parliament is in session 3. The President can dissolve the Rajya Sabha during emergency 4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community Select the correct answer using the code given below :

CDS-I · 2015 · Q98 Relevance score: 4.97

Which one of the following statements is correct ?

CDS-II · 2011 · Q81 Relevance score: 4.20

Consider the following statements about the powers of the President of India : 1. The President can direct that any matter on which decision has been taken by a Minister should be placed before the Council of Ministers. 2. The President can call all information relating to proposals for legislation. 3. The President has the right to address and send messages to either House of the Parliament. 4. All decisions of the Council of Ministers relating to the adminis- tration of the Union must be communicated to the President. Which of the statements given above are correct ?