Consider the following statements regarding the pardoning power of the President:1. The Constitution exclusively empowers the President to grant pardons to convicted persons.2. Pardoning power of President does not extend to punishment by court martial sWhich of the statements given above is /are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?

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Consider the following statements regarding the pardoning power of the President:

1. The Constitution exclusively empowers the President to grant pardons to convicted persons.

2. Pardoning power of President does not extend to punishment by court martial s

Which of the statements given above is /are correct?

a)
1 only
b)
2 only
c)
Both 1 and 2
d)
Neither 1 nor 2

Correct answer is option 'D'. Can you explain this answer?

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Test: Polity - 3

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Consider the following statements regarding the pardoning power of th...

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the-

(i) Punishment or sentence is for an offence against a Union Law;

(ii) Punishment or sentence is by a court-martial (military court), and (Hence statement 2 is not correct)

(iii) The sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is executive power. But, the President while exercising this power, does not sit as a court of appeal.

The object of conferring this power on the President is two-fold:

(i) to keep the door open for correcting any judicial errors in the operation of law; and,

(ii) to afford relief from a sentence, which the President regards as unduly harsh.

Under Article 161 of the Constitution, the governor of a state also possesses the pardoning power. Hence, the governor can also grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against state law. Hence statement 1 is not correct.

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Consider the following statements regarding the pardoning power of the President:1. The Constitution exclusively empowers the President to grant pardons to convicted persons.2. Pardoning power of President does not extend to punishment by court martial sWhich of the statements given above is /are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?

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