Consider the following statements about the pardoning power of the Pre...
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The President can exercise this power even without the advice of the cabinet: This is incorrect. While the President has the power to grant pardons, this power is typically exercised on the advice of the Union Cabinet, as per the provisions of the Constitution (Article 72). The President may act independently in certain cases, but the norm is for the Cabinet's advice to be considered.
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The President is not bound to give reasons for his order: This is correct. The President is not required to give reasons for exercising the pardoning power, and there is no legal requirement to do so.
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The petitioner for mercy has no right to an oral hearing by the President: This is correct. There is no provision in the Constitution that mandates an oral hearing for the petitioner. The mercy petition is decided based on the written representation.
Therefore, the correct answer is b) 2 and 3 only.
Consider the following statements about the pardoning power of the Pre...
Understanding the Pardoning Power of the President
The pardoning power of the President is an important aspect of executive authority. Let’s analyze the statements to determine the correct answer.
1. President's Power Without Cabinet Advice
- The President can exercise the pardoning power independently without the advice of the cabinet.
- This power is enshrined in Article 72 of the Constitution, allowing the President to grant pardons, reprieves, respites, or remissions of punishment.
2. No Obligation to Provide Reasons
- The President is not required to provide reasons for granting or denying a pardon.
- This ensures that the decision remains discretionary and is not subject to judicial review based on reasoning.
3. Right to Oral Hearing
- A petitioner for mercy does not have a right to an oral hearing before the President.
- The process is typically conducted through written petitions, and the President can decide based on the merits of the written submissions.
Conclusion
Based on the analysis:
- Statement 1: True
- Statement 2: True
- Statement 3: True
However, the question asks us to evaluate the options based on the statements. Since the answer option 'B' claims that statements 2 and 3 are correct, while statement 1 is also correct but not included, it implies that the focus is on the procedural aspect of the President’s discretion.
Hence, while all statements are true, the option 'B' highlights the uniqueness of the President’s discretion in terms of providing reasons and oral hearings, making it the correct choice in this context.