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Indian PolityHardAsked in: UPSC CAPF · CAPF 2018, Paper I

Which one of the following statements relating to the power of the President of India to grant pardon is not correct?

  1. A.The President has the power to grant pardon where punishment or sentence is by a Court Martial.
  2. B.The President can grant pardon in all cases where the sentence is a sentence of death.
  3. C.The Court's power of judicial review is very limited in relation to the decision of the President on mercy petition.
  4. D.The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.

Correct answer

D. The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.

Explanation

The correct answer is D. The pardoning power is exactly the power by which the sovereign, acting through the President, can set aside or soften the result of its own courts' judgment, so saying it is never exercised against the judicial mandate is wrong.

Article 72 lets the President grant pardons, reprieves, respites and remissions, or suspend, remit or commute a sentence. It covers three kinds of cases: punishment by a court martial, offences against a Union law, and every sentence of death. The President acts on the advice of the Council of Ministers. In cases such as Kehar Singh (1989) and Epuru Sudhakar (2006), the Supreme Court held that the decision can be reviewed only on narrow grounds, such as mala fides or ignoring relevant material.

A is a correct statement because court-martial sentences fall under Article 72(1)(a). B is correct because Article 72(1)(c) covers all death sentences, a power the Governor lacks. C is correct because judicial review of mercy decisions is limited to narrow grounds.

Exam tip: President, Article 72, covers court martial and death sentence; Governor, Article 161, covers neither.

Practice Questions

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Q1.Indian PolityAsked in: UPSC CAPF · CAPF 2020, Paper IEasy

Who was the President of the Constituent Assembly ?

  1. A.B. R. Ambedkar
  2. B.Rajendra Prasad
  3. C.Alladi Krishnaswami Aiyar
  4. D.Sarvepalli Radhakrishnan
Show answer
Correct answer: B. Rajendra Prasad

Dr Rajendra Prasad was elected the permanent President of the Constituent Assembly on 11 December 1946 and presided over it until the Constitution was adopted.

Q2.Indian PolityAsked in: UPSC CAPF · CAPF 2020, Paper IMedium

Which of the following statements with regard to the Speaker, Lok Sabha is/are correct ? 1. The election of the Speaker of Lok Sabha is conducted by the Election Commission of India 2. The Speaker on assuming his office is not required to make and subscribe oath or affirmation 3. The Speaker does not exercise a casting vote in case of equality of votes Select the correct answer using the code given below :

  1. A.2 only
  2. B.1 and 3
  3. C.1 only
  4. D.2 and 3
Show answer
Correct answer: A. 2 only

The Speaker takes no separate oath for the office, while statements 1 and 3 are false.

Q3.Indian PolityAsked in: UPSC CAPF · CAPF 2020, Paper IMedium

Which one of the following statements regarding Public Accounts Committee is correct ?

  1. A.It consists of fifteen members from Lok Sabha and seven members from Rajya Sabha
  2. B.It consists of twenty members from Lok Sabha and ten members from Rajya Sabha
  3. C.The term of members of Public Accounts Committee is five years
  4. D.Finance Minister is the Chairperson of the Public Accounts Committee
Show answer
Correct answer: A. It consists of fifteen members from Lok Sabha and seven members from Rajya Sabha

The Public Accounts Committee has 22 members: 15 elected by the Lok Sabha and 7 by the Rajya Sabha.

Q4.Indian PolityMedium

The Prohibition of Child Marriage Act, 2006 replaced which earlier law?

  1. A.The Child Marriage Restraint Act, 1929
  2. B.The Hindu Marriage Act, 1955
  3. C.The Special Marriage Act, 1954
  4. D.The Dowry Prohibition Act, 1961
Show answer
Correct answer: A. The Child Marriage Restraint Act, 1929

That law only restrained child marriage by punishing those who performed it; the Prohibition of Child Marriage Act, 2006 goes further, making such a marriage voidable at the option of the contracting party who was a child, providing for Child Marriage Prohibition Officers and injunctions, and keeping the legal age…

Q5.Indian PolityMedium

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act was passed in which year?

  1. A.1955
  2. B.1976
  3. C.1989
  4. D.1995
Show answer
Correct answer: C. 1989

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 came into force on 30 January 1990. It defines a long list of specific atrocities, provides for Special Courts and Special Public Prosecutors, requires relief and rehabilitation for victims, and bars anticipatory bail for the offences it creates.