Kya hai Judiciary's Power to Pardon?
constitutional clat_ug intermediate mcq_helpMaine socha tha yeh question easy hai, lekin paper ko kharab karte hue pata chala ki main galat tha!
Question: Who among the following can grant pardon and reprieve to a convict under Article 72 of the Constitution of India?
A) The President of India B) The Governor of the State on behalf of the President C) The Chief Justice of India on behalf of the President D) The High Court of the State
Meri pehli koshish thi D, High Court of the State, kyunki main sochta tha ki woh bhi kuch power khelta hai. Lekin, sahi jawab A, The President of India hai.
Sahi kya hai, please batao aur kyon?
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Bhai, Judiciary's power to pardon is vast, but not unrestricted. Article 72 of the Constitution gives the President power to pardon, commute or remit any sentence of any person convicted of any offense within India. Similarly, under Article 161, governors have the power to pardon in their respective states. But, this power is not absolute and can be challenged in court. Courts have to consider various factors, like the circumstances of the case and the impact on the rule of law.
Arre bhai, judiciary's power to pardon is a crucial one. Article 72 provides President's power to pardon, while Article 161 gives Governor's power in state matters. Judiciary can commute or remit sentences, but only in exceptional circumstances. However, this power is limited to cases where the President or Governor has not already taken action. Bilkul, a significant safeguard to prevent abuse of authority.