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Article 72 Of The Constitution
Consider the following statements:
- Under the Article 72, the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
- The President can grant pardon in all cases where the sentence given is sentence of death but pardoning power of Governor does not extend to death sentence cases.
- The pardoning power of the President is absolute.
Choose the correct answer from the codes given below:
A |
Only 1
|
|
B |
1 and 3
|
|
C |
2 and 3
|
|
D |
1, 2 and 3
|
Your Ans is
Right ans is D
Your Answer Is Correct
Your Answer Is Wrong
Explanation :
- Under the Article 72 of the Constitution, the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
- It says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
- A similar and parallel power vests in the Governors of each state under Article 161.
- However, the pardoning power of the president is not absolute. He is advised by the council of ministers under article 74 even though he is not bound to act on their suggestions.
- The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor.
- The President can grant pardon in all cases where the sentence given is sentence of death but pardoning power of Governor does not extend to death sentence cases.
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