Explanation
Statement I — Correct.
The President’s pardoning power under
Article 72 is
not absolute and is subject to
limited judicial review. Courts can examine whether the power has been exercised properly, but they do not go into the merits of the case.
Statement II — Incorrect.
The President exercises this power on the
aid and advice of the Council of Ministers and cannot act independently.
Additional Information
Pardon — Completely removes both
conviction and sentence; the person is treated as innocent.
→ Example: A person sentenced to life imprisonment is
fully released and all legal consequences are removed.
Commutation — Changes a
harsher punishment into a lighter one.
→ Example:
Death sentence → Life imprisonment or
rigorous imprisonment → simple imprisonment.
Remission —
Reduces the duration of punishment without changing its nature.
→ Example:
10 years imprisonment → reduced to 6 years.
Respite — Awards a
lesser sentence due to special circumstances.
→ Example: A
pregnant woman given
life imprisonment instead of death penalty.
Reprieve —
Temporary suspension of execution, especially in death penalty cases.
→ Example:
Execution postponed to allow filing of a mercy petition.