Question

The power to grant pardons, reprieve or remissions of punishment under Article 72 is exercised by the President of India ______________________.

(A) On the advice of the Prime Minister

(B) On his own as Head of the Union

(C) On the advice of the Council of Ministers

(D) In consultation with the Prime Minister who tenders his opinion on the advice of his cabinet

Answer 1

Hint: A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offence as if the act never occurred.

Complete answer:

Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them. 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.

The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning that are mandated by law. They are Pardon, Commutation, Reprieve, Respite and Remission. The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers. Further, the constitution does not provide for any mechanism to question the legality of decisions of the President or governours exercising mercy jurisdiction.

Therefore the correct answer is option ‘C’.

Note: Similarly, as per 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. Please note that President can grant pardon to a person awarded a death sentence. But a governor of a state does not enjoy this power.