From which Article does the President of India derive his/her pardoning power?
- (a)Article 72
- (b)Article 71
- (c)Article 73
- (d)Article 74
Correct — A, Article 72. Article 72 empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of an offence — including court-martial sentences, offences against Union law, and every death sentence (even one imposed under state law).
- (b)Article 71 — Article 71 deals with matters relating to, or connected with, the election of the President and Vice-President — not the pardoning power.
- (c)Article 73 — Article 73 defines the extent of the executive power of the Union in general terms — it does not create the specific pardoning power.
- (d)Article 74 — Article 74 provides for a Council of Ministers headed by the Prime Minister to aid and advise the President — a different provision on how the President's powers are exercised, not the pardoning power itself.
The pardoning power is a constitutional safety-valve that lets the head of state correct or soften a judicial sentence in cases of miscarriage of justice or grave humanitarian need. India also gives a parallel, narrower power to Governors under Article 161 for state-related offences.
Students often confuse Article 72 (President's pardon) with Article 161 (Governor's pardon), or pick a numerically close Article (71/73/74) that deals with an unrelated presidential provision instead of the one that actually grants the pardoning power.
- Article 72 — President can grant pardon, reprieve, respite, or remission of punishment, or suspend/remit/commute a sentence.
- Applies to: court-martial sentences, offences against Union law, and all death sentences (even under state law).
- Article 161 gives Governors a parallel but narrower power — it excludes court-martial sentences and death sentences.
- Exercised on the aid and advice of the Council of Ministers (Article 74); subject to limited judicial review for arbitrariness or mala fide.
- Confusing Article 72 (President's pardon) with Article 161 (Governor's pardon)
- Picking a numerically adjacent Article (71/73/74) instead of 72
Usually a direct 'which Article' factual recall; sometimes upgraded to a statement-based question testing judicial review limits or the President-vs-Governor distinction.
Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected to limited judicial review. II. The President can exercise this power without the advice of the Central Government. Which of the statements given above is/are correct?
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Answer(a) I only — the Article 72 pardoning power is subject to limited judicial review (e.g. for arbitrariness or mala fide), but the President must act on the aid and advice of the Council of Ministers, so statement II is false.
Same Article 72 pardoning-power concept, tested at a deeper level (judicial review & the requirement of ministerial advice).
- practice — not a real PYQ
Which Article of the Indian Constitution gives the Governor a power similar to the President's pardoning power under Article 72?
- (a)Article 161
- (b)Article 163
- (c)Article 200
- (d)Article 213
Answer(a) Article 161 — gives the Governor a parallel, though narrower, pardoning power (it excludes court-martial sentences and death sentences).
- practice — not a real PYQ
Match the following Articles of the Constitution with their provisions: (1) Article 61 (2) Article 72 (3) Article 74 — (i) Pardoning power of the President (ii) Impeachment of the President (iii) Council of Ministers to aid and advise the President.
- (a)1-ii, 2-i, 3-iii
- (b)1-i, 2-ii, 3-iii
- (c)1-iii, 2-ii, 3-i
- (d)1-ii, 2-iii, 3-i
Answer(a) 1-ii, 2-i, 3-iii — Article 61 (impeachment), Article 72 (pardon), Article 74 (Council of Ministers).