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Consider the following statements with reference to the Pardoning power of the President:
- The power can only be exercised by the President on the advice of the union cabinet.
- The President has no pardoning powers on sentences inflicted by court-martial.
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 'A'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements with reference to the Pardoning powe...
- 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:
- Punishment or sentence is for an offence against a Union Law;
- Punishment or sentence is by a court-martial (military court); and Hence, statement 2 is not correct.
- The sentence is a sentence of death.
- The pardoning power of the President is independent of the Judiciary; it is an executive power. But, the President while exercising this power, does not sit as a court of appeal.
- The Supreme Court examined the pardoning power of the President under different cases and laid down the following principles:
- The power is to be exercised by the President on the advice of the union cabinet. Hence, statement 1 is correct.
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Consider the following statements with reference to the Pardoning powe...
Explanation:
The pardoning power of the President is enshrined in Article 72 of the Indian Constitution. It empowers 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 offence. However, the exercise of this power is subject to certain limitations and conditions.
Statement 1: The power can only be exercised by the President on the advice of the union cabinet.
This statement is incorrect. The President is not required to seek the advice of the union cabinet while exercising the pardoning power. The President can independently exercise this power based on their own discretion and judgment. The provision for seeking the advice of the union cabinet applies to certain other powers of the President, such as the power to grant pardons, reprieves, respites or remissions of punishment in respect of death sentences. In such cases, the President is required to consult the Supreme Court, and the advice of the union cabinet is also sought.
Statement 2: The President has no pardoning powers on sentences inflicted by court-martial.
This statement is correct. The President does not have the power to grant pardons, reprieves, respites or remissions of punishment in cases where the sentence has been inflicted by a court-martial. The power to grant pardons in court-martial cases is vested with the Chief of Army Staff, the Chief of Naval Staff, or the Chief of Air Staff, depending on the branch of the armed forces to which the person belongs.
Therefore, the correct answer is option 'A' - 1 only.
The pardoning power of the President is enshrined in Article 72 of the Indian Constitution. It empowers 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 offence. However, the exercise of this power is subject to certain limitations and conditions.
Statement 1: The power can only be exercised by the President on the advice of the union cabinet.
This statement is incorrect. The President is not required to seek the advice of the union cabinet while exercising the pardoning power. The President can independently exercise this power based on their own discretion and judgment. The provision for seeking the advice of the union cabinet applies to certain other powers of the President, such as the power to grant pardons, reprieves, respites or remissions of punishment in respect of death sentences. In such cases, the President is required to consult the Supreme Court, and the advice of the union cabinet is also sought.
Statement 2: The President has no pardoning powers on sentences inflicted by court-martial.
This statement is correct. The President does not have the power to grant pardons, reprieves, respites or remissions of punishment in cases where the sentence has been inflicted by a court-martial. The power to grant pardons in court-martial cases is vested with the Chief of Army Staff, the Chief of Naval Staff, or the Chief of Air Staff, depending on the branch of the armed forces to which the person belongs.
Therefore, the correct answer is option 'A' - 1 only.
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Consider the following statements with reference to the Pardoning power of the President: The power can only be exercised by the President on the advice of the union cabinet. The President has no pardoning powers on sentences inflicted by court-martial.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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