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Consider the following statements:
1. The scope of the pardoning power of the Governor is wider than the pardoning power of the President.
2. The President has to act on the advice of the Council of Ministers while deciding mercy pleas.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 2 nor 2
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. The scope of the pardoning power ...
Explanation:

1. The scope of the pardoning power of the Governor is wider than the pardoning power of the President:
- This statement is incorrect. The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense. This power is enshrined in Article 72 of the Indian Constitution.
- The Governor of a state, on the other hand, has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense against a law relating to a matter to which the executive power of the state extends. This power is mentioned in Article 161 of the Indian Constitution. The scope of the Governor's pardoning power is narrower compared to that of the President.

2. The President has to act on the advice of the Council of Ministers while deciding mercy pleas:
- This statement is correct. While exercising the power to grant pardons, the President is required to act on the advice of the Council of Ministers. The advice of the Council of Ministers is binding on the President in the exercise of his pardoning powers. This ensures that the decision-making process is in line with the principles of parliamentary democracy where the President acts on the aid and advice of the Council of Ministers.
Therefore, option 'B' (2 only) is the correct answer.
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Community Answer
Consider the following statements:1. The scope of the pardoning power ...
In News: Recently, the Solicitor General told the Supreme Court (SC) that Tamil Nadu Governor will take a decision in the next three or four days on mercy petition of a convict in the 1991 Rajiv Gandhi assassination case.
Option B is correct: Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Under the Article 161, the Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law. Hence pardoning power of President is wider than Governor. The President has to act on the advice of the Council of Ministers while deciding mercy pleas. The President cannot exercise his power of pardon independent of the government.
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Consider the following statements:1. The scope of the pardoning power of the Governor is wider than the pardoning power of the President.2. The President has to act on the advice of the Council of Ministers while deciding mercy pleas.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 2 nor 2Correct answer is option 'B'. Can you explain this answer?
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