Consider the following statements in the context of the President of India

1. He has the pardoning power in respect to a sentence by court martial
2. He can grant reprieve and respite in case of punishment for an offense against any law of the land
3. He alone can pardon a sentence of death
4. His exercise of the power of pardon is open to judicial review

Which of the above statements is/are NOT correct?
a) 1 and 3 only
b) 2 and 3 only
c) 1 and 4 only
d) 2 and 4 only

Ans- d

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:

1. Punishment or sentence is for an offence against a Union Law. As statement 2 is saying ‘against any law of the land’ which includes state law too, this statement stands incorrect.
2. Punishment or sentence is by a court martial. Statement 1 is correct.
3. Sentence is a sentence of a death.

In a landmark judgment Epuru Sudhakar & Anr vs Govt. Of A.P., it was held by the Supreme Court that it is a well-set principle that a limited judicial review of exercise of clemency powers is available to the Supreme Court and High Courts. Granting of clemency by the President or Governor can be challenged on the following grounds:
a. The order has been passed without application of mind.
b. The order is malafide.
c. The order has been passed on extraneous or wholly irrelevant considerations.
d. Relevant material has been kept out of consideration.
e. The order suffers from arbitrariness.

Therefore, statement 4 is also correct.

President only can ‘pardon’ a death sentence. Governor can ‘suspend’ ‘remit’ or ‘commute’ a death sentence. Hence, statement 3 is correct.