Question

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). Assertion (A): The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of an offence in cases where the punishment is by a Court Martial or where the sentence is death. Reason (R): This power under Article 72 overrides and completely nullifies the powers of the Governor to commute or remit a death sentence under State law.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A).
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
• C. (A) is true, but (R) is false.
• D. (A) is false, but (R) is true.

Hint:

Remember: For death sentences, both the Governor (Art. 161) and the President (Art. 72) have powers, but the President’s power is superior.

Answer 1

The Correct Option is A

Step 1: Understanding Article 72.
Article 72 of the Constitution grants the President exclusive powers to pardon, commute, remit, or suspend sentences in three cases: (i) Court Martial, (ii) Offences under Union laws, and (iii) Death sentences. This makes the President’s clemency power broader than that of a Governor.
Step 2: Understanding the Reason (R).
The reason states that the President’s power supersedes the Governor’s power in cases involving the death penalty. This is correct because the Constitution explicitly places the President’s authority above that of the Governor in such cases.
Step 3: Linking Assertion and Reason.
Since the President’s power under Article 72 completely covers death sentence cases, the Reason correctly explains why the Assertion is true.