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Consider the following statements:
  1. The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power.
  2. The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases.
Which of the above statements is/are correct?
  • a)
    1 only
  • b)
    Both 1 and 2
  • c)
    2 only
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements: The Pardoning power of the Preside...
Pardoning Power of President and Governor

Statement 1: The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power.

This statement is correct. The Constitution of India grants the power of pardon to the President under Article 72 and to the Governor under Article 161. The President's power to grant pardons extends to all cases where the punishment or sentence is by a court-martial. However, the Governor does not have such power in cases where the sentence is by a court-martial.

Statement 2: The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases.

This statement is incorrect. The President's power to grant pardons is not absolute. The Constitution imposes some restrictions on the exercise of this power. For example, the President cannot grant a pardon in cases where the punishment is by a court-martial, except in cases of death sentence. Similarly, the Governor's power to grant pardons also has some restrictions. The Governor's power to grant pardons in cases of death sentence is subject to the approval of the President.

Therefore, statement 1 is correct, and statement 2 is incorrect. The correct answer is option C.
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Community Answer
Consider the following statements: The Pardoning power of the Preside...
The second statement is correct, but the first statement is incorrect.
The Constitution of India grants the power of pardon to the President and the Governor. The President has the power to grant pardon, reprieve, respite or remission of punishment in all cases, including cases where the sentence is by a Court Martial. On the other hand, the power of the Governor to grant pardon, reprieve, respite or remission of punishment is limited to cases where the sentence is for an offence against a state law or a central law.
In 2011, the Supreme Court of India held that the power of the Governor to grant pardon also extends to cases where the sentence is death. Therefore, both the President and the Governor now have the power to grant pardon, including in cases where the sentence is death.
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Consider the following statements: The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power. The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases. Which of the above statements is/are correct?a)1 onlyb)Both 1 and 2c)2 onlyd)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements: The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power. The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases. Which of the above statements is/are correct?a)1 onlyb)Both 1 and 2c)2 onlyd)Neither 1 nor 2Correct answer is option 'C'. 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 Consider the following statements: The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power. The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases. Which of the above statements is/are correct?a)1 onlyb)Both 1 and 2c)2 onlyd)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements: The Pardoning power of the President extends in cases where sentence is by a Court Martial, but the Governor does not have such power. The President can grant pardon in all cases, even the death sentence and the pardoning power of the Governor also now extends to death sentence cases. Which of the above statements is/are correct?a)1 onlyb)Both 1 and 2c)2 onlyd)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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