Q. Consider the following statements regarding pardoning powers of President:
1.Article 72 of the Constitution empowers the President to grant pardons.
2.The pardoning power of the President is independent of the Judiciary.
Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C
Notes:

Explanation: Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:

  • Punishment or sentence is for an offence against a Union Law;
  • Punishment or sentence is by a court martial (military court); and
  • Sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is an executive power. But the President while exercising this power does not sit as a court of appeal.

Source: Laxmikanth Polity