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With reference to Pardoning power, consider the following statements:
1. Both the President and Governor have the power to grant pardon against both union and state laws.
2. While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesn't mention the same for Governor.
3. The President can pardon a sentence imposed by a court-martial, but the Governor cannot.
Which of the statements given above are correct?
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    2 only
  • d)
    3 only
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
With reference to Pardoning power, consider the following statements:1...
  • Both the President and the Governor have been vested with sovereign power of pardon by the Constitution. Hence, statement 2 is not correct.
  • Under Article 72, the President can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person.
  • The President can pardon a sentence imposed by a court-martial. However, the Governor cannot pardon a sentence inflicted by a court-martial. Hence, statement 3 is correct.
  • The President can also Pardon if the sentence is for an offence under any law relating to the Union government’s executive power, and in all cases of death sentences.
    • Under Article 161, a Governor can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence.
    • This can be done for anyone convicted under any law on a matter which comes under the State’s executive power. Hence, statement 1 is not correct.
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Community Answer
With reference to Pardoning power, consider the following statements:1...
Understanding the Pardoning Power in India
The pardoning power in India is a significant aspect of the constitutional framework, vested in the President and Governors. Let's analyze the given statements to determine their correctness.
Statement 1: Both the President and Governor have the power to grant pardon against both union and state laws.
- This statement is incorrect.
- The President can grant pardons under Article 72 of the Constitution for offenses against union laws.
- The Governor can grant pardons under Article 161 for offenses against state laws only.
Statement 2: While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesn’t mention the same for Governor.
- This statement is also incorrect.
- The Constitution explicitly grants the Governor the power to grant pardons under Article 161. Thus, both the President and the Governor have constitutional powers to grant pardons, but their scopes differ.
Statement 3: The President can pardon a sentence imposed by a court-martial, but the Governor cannot.
- This statement is correct.
- The President has the authority to pardon sentences awarded by court-martials under Article 72, while the Governor does not have similar powers concerning court-martial sentences.
Conclusion
- The only correct statement is Statement 3.
- Therefore, the correct answer is option D.
This analysis helps clarify the specific powers and limitations of the President and Governor concerning pardoning authority within the Indian constitutional framework.
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With reference to Pardoning power, consider the following statements:1. Both the President and Governor have the power to grant pardon against both union and state laws.2. While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesnt mention the same for Governor.3. The President can pardon a sentence imposed by a court-martial, but the Governor cannot.Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)2 onlyd)3 onlyCorrect answer is option 'D'. Can you explain this answer?
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With reference to Pardoning power, consider the following statements:1. Both the President and Governor have the power to grant pardon against both union and state laws.2. While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesnt mention the same for Governor.3. The President can pardon a sentence imposed by a court-martial, but the Governor cannot.Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)2 onlyd)3 onlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Pardoning power, consider the following statements:1. Both the President and Governor have the power to grant pardon against both union and state laws.2. While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesnt mention the same for Governor.3. The President can pardon a sentence imposed by a court-martial, but the Governor cannot.Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)2 onlyd)3 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Pardoning power, consider the following statements:1. Both the President and Governor have the power to grant pardon against both union and state laws.2. While the President is constitutionally bestowed with the power of pardoning, the Constitution of India doesnt mention the same for Governor.3. The President can pardon a sentence imposed by a court-martial, but the Governor cannot.Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)2 onlyd)3 onlyCorrect answer is option 'D'. Can you explain this answer?.
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