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Consider the following statements about the pardoning power of the President.
1. He can exercise this power even without the advice of the cabinet.
2. The President is not bound to give reasons for his order.
3. The petitioner for mercy has no right to an oral hearing by the President.
Choose the correct answer from the codes below,
- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)All of the above
Correct answer is option 'B'. Can you explain this answer?
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Consider the following statements about the pardoning power of the Pre...
The Supreme Court examined the President's pardoning power under different cases and laid down the following principles.
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1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a view different from the court's view.
3. The power is to be exercised by the President on the advice of the union cabinet.
4. The President is not bound to give reasons for his order.
5. The President can afford relief from a sentence that he regards as unduly harsh and from an evident mistake.
6. There is no need for the Supreme Court to lay down specific guidelines for the President's power exercise.
7. The President's exercise of power is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.
8. Where the President has rejected the earlier petition for mercy, the stay cannot be obtained by filing another petition.
Most Upvoted Answer
Consider the following statements about the pardoning power of the Pre...
1. The President can exercise the pardoning power even without the advice of the cabinet.
- The pardoning power of the President is an executive power vested in the President of India under Article 72 of the Indian Constitution. This power allows the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense.
- The Constitution does not specifically mention that the President must seek the advice of the cabinet while exercising this power. Therefore, it can be inferred that the President can exercise this power even without the advice of the cabinet.
2. The President is not bound to give reasons for his order.
- Article 72 does not impose any obligation on the President to provide reasons for his order while exercising the pardoning power. The President has the discretion to grant or refuse a pardon without having to provide any justification for his decision.
- This discretion is important as it allows the President to consider various factors such as the nature of the offense, the character of the offender, the circumstances of the case, and the recommendations of the concerned authorities before making a decision on a mercy petition.
3. The petitioner for mercy has no right to an oral hearing by the President.
- The Constitution does not explicitly grant the petitioner for mercy the right to an oral hearing by the President. The President has the discretion to consider the mercy petition based on the documents and recommendations provided to him.
- The procedure for submitting mercy petitions is governed by the Rules of Procedure and Conduct of Business in the Council of States and the Rules of Procedure and Conduct of Business in the House of the People. These rules do not provide for an oral hearing before the President.
Therefore, the correct answer is option B - 2 and 3 only. The President can exercise the pardoning power without the advice of the cabinet, and he is not bound to give reasons for his order. Additionally, the petitioner for mercy has no right to an oral hearing by the President.
- The pardoning power of the President is an executive power vested in the President of India under Article 72 of the Indian Constitution. This power allows the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense.
- The Constitution does not specifically mention that the President must seek the advice of the cabinet while exercising this power. Therefore, it can be inferred that the President can exercise this power even without the advice of the cabinet.
2. The President is not bound to give reasons for his order.
- Article 72 does not impose any obligation on the President to provide reasons for his order while exercising the pardoning power. The President has the discretion to grant or refuse a pardon without having to provide any justification for his decision.
- This discretion is important as it allows the President to consider various factors such as the nature of the offense, the character of the offender, the circumstances of the case, and the recommendations of the concerned authorities before making a decision on a mercy petition.
3. The petitioner for mercy has no right to an oral hearing by the President.
- The Constitution does not explicitly grant the petitioner for mercy the right to an oral hearing by the President. The President has the discretion to consider the mercy petition based on the documents and recommendations provided to him.
- The procedure for submitting mercy petitions is governed by the Rules of Procedure and Conduct of Business in the Council of States and the Rules of Procedure and Conduct of Business in the House of the People. These rules do not provide for an oral hearing before the President.
Therefore, the correct answer is option B - 2 and 3 only. The President can exercise the pardoning power without the advice of the cabinet, and he is not bound to give reasons for his order. Additionally, the petitioner for mercy has no right to an oral hearing by the President.
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Consider the following statements about the pardoning power of the President.1. He can exercise this power even without the advice of the cabinet.2. The President is not bound to give reasons for his order.3. The petitioner for mercy has no right to an oral hearing by the President.Choose the correct answer from the codes below, a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)All of the aboveCorrect answer is option 'B'. Can you explain this answer?
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