From which Article does the President of India derive his/her pardoning power?

Question

UnlockIAS · Accepted Answer

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).

Why the other options are wrong — (b) 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 defines the extent of the executive power of the Union in general terms — it does not create the specific pardoning power.  (d) 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.

Concept: 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.

State PCS 2022 Q81 — Indian Polity PYQ with Answer

State PCS 2022 Q81 — Indian Polity PYQ with Answer