Political Science · Political Institutions in India
UGC NET January 2017 Political Science
Which of the following have been identified as the ground for judicial review in the exercise of power of pardon by the President of India or Governor of a state?
- I. That the order has been passed without application of mind.
- II. That the order is malafide.
- III. That the order is based on extraneous or wholly irrelevant considerations.
- IV. That the order suffers from arbitrariness.
AI, III and IV
BII, III and IV
CI, II and IV
DI, II, III and IV ✓ Correct
Correct answer: (D) I, II, III and IV — All four grounds have been recognised for judicial review of the pardoning power, so the answer is all of them.
Explanation
★All four grounds have been recognised for judicial review of the pardoning power, so the answer is all of them.
★The President exercises the power to pardon under Article 72 and the Governor under Article 161.
★In Epuru Sudhakar v. Government of Andhra Pradesh (2006), the Supreme Court held that the pardon order is open to judicial review.
★An order can be reviewed if it is passed without application of mind, is mala fide, rests on extraneous or irrelevant considerations, or is arbitrary.
★The pardoning power covers reprieve, respite, remission, commutation and pardon of sentences.
★Only the President can pardon a death sentence and a sentence by a court-martial, which the Governor cannot.
★For NET, link Article 72 and Article 161 with Maru Ram (1981) and Epuru Sudhakar (2006) on the scope and review of clemency.
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