President of India has several judicial powers, as outlined in the Constitution of India. These powers enable the President to play a crucial role in maintaining the rule of law and ensuring justice is administered fairly in the country. This article explains the Judicial Powers of the President which are important for the UPSC exam.

Judicial Powers of the President

• The President, as the head of state, has both administrative and judicial authorities, as well as legislative authority.
• Preservation of law: According to Article 60, the president's principal responsibility is to preserve, safeguard, and defend the Indian Constitution and the law.
• Appointment of Judges: On the advice of the Chief Justice, the President appoints the Chief Justice and other justices. In the case of Union of India v Jyoti Parkash Mitter, this was confirmed.
• According to Articles 124 and 217, the President appoints Supreme Court and High Court judges, including the Chief Justice of India and the Chief Justice of High Courts.
• Removal of Judges: The President can also dismiss a judge if both Houses of Parliament, namely the Lok Sabha and the Rajya Sabha, pass a resolution to that effect with a two-thirds majority (Article 124(4)).

Pardoning Power of the President

• Under Article 72 of the Constitution, the President 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 any offence.
• Power of pardon exists to prevent injustice from harsh, unjust laws or from judgments which result in injustice and to keep the door open for correcting any judicial errors in the operation of law.

• Furthermore, when punishment is imposed by military courts, these powers can be used. Because the President is also the Supreme Commander of the Armed Forces, this is the case.
• The Supreme Court ruled in Kuljeet Singh v Lieutenant Governor of Delhi that the President's pardoning power must be considered in each case's facts and circumstances.
• It cannot be used judiciously and must be thoroughly examined. Unreasonable use of this power is to be despised.

Asking for Advice

• Article 143 of the Indian Constitution allows the President to seek guidance from the Supreme Court.
• This can be used when the President is confronted with a serious legal issue about which he is unable to make a decision.
• This power can be used when a problem of public concern develops, and the Supreme Court's advice can be requested.

Constitutional Position of the President

Articles 53, 74, and 75 of the Indian Constitution should be considered while assessing the President's constitutional status in the following manner:

• Article 53 vests the executive power of the Union in the President, but he is required to exercise his powers in accordance with the Constitution.
• Article 74 of the Constitution says that there shall be a Council of Ministers to aid and advise the President the exercise of his functions and he has to act in accordance with such advice
• Article 75(3) lays down that the Council of Ministers shall be collectively responsible to the House of the People. There is no provision in the Constitution that makes the President answerable to the legislature.
• Article 54 and 55 of the Indian Constitution informs us of the manner and the election process of the President of India.
• Article 58 of the constitution lays down that the person to be eligible for the president should be at least 35 years of age, a citizen of India, and should be qualified to be a member of the Lok Sabha. A person is also not qualified to stand for election as President if he holds the office of profit.

Conclusion

We looked at the President's basic judicial powers as guaranteed by the Indian Constitution. At first look, it appears that the President is endowed with a plethora of powers and exercises, owing to his judicial responsibilities. However, when viewed in context, it is evident that the President is a member of the Executive who has very little control over how the government operates. In truth, he possesses negligible abilities. Apart from the power of pardon, every other power cannot be exercised by him solely. He has to always be in consultation with the Chief Justice or with his Council of Ministers. His hands are always tied. The appointment and removal of judges cannot be done until advice is sought or resolutions are passed. He has always been a sitting duck with close to no power in his hands.

FAQs

Q1: What are the judicial powers of the President of India?

Q2: How does the President exercise the power of pardon?

Q3: Are there any restrictions on the President's power of pardon?

Q4: What is the significance of Article 72?

Q5: Can the President's power of pardon be challenged in court?

MCQs

1. Which article of the Indian Constitution provides the President the power to grant pardons?

a) Article 70

b) Article 72

c) Article 74

d) Article 76

2. In which case can the President NOT exercise the power of pardon?

a) In cases involving death penalty

b) In cases of court-martial

c) In cases of life imprisonment

d) In cases of fines

3. What is the role of the President in the Indian judiciary system?

a) Appoints judges

b) Grants pardons

c) Represents the judiciary

d) All of the above

4. Which of the following is true about the President's power of pardon?

a) It can be exercised in all cases

b) It is subject to judicial review

c) It can only be used in specific cases

d) It is unlimited

5. What does the exercise of the President’s pardon power reflect?

a) Judicial bias

b) Political power

c) Humanitarian principles

d) Executive supremacy

GS Mains Questions and Model Answers

Q1: Analyze the significance of the President's judicial powers in India.

Answer: The President's judicial powers, particularly the power of pardon under Article 72, play a critical role in the Indian legal system. They embody the principle of mercy and provide a mechanism to rectify judicial errors. This power can mitigate harsh sentences and uphold justice in exceptional circumstances, reflecting the humane aspects of governance. Moreover, the ability to grant pardons promotes a balance between law and compassion, reinforcing the rule of law while acknowledging individual circumstances. Therefore, these powers enhance the integrity of the judiciary and serve as a check against potential judicial overreach.

Q2: Discuss the limitations of the President’s pardoning power.

Answer: The President's power of pardon, while significant, comes with limitations. It cannot be exercised in cases where the punishment is awarded by a court-martial, and it is not applicable in cases involving the preventive detention laws. Additionally, the exercise of this power is typically not subject to judicial review, although instances of malafide intentions can lead to scrutiny. This creates a complex interplay between the need for mercy and the principles of justice. Balancing these factors is crucial to ensuring that the pardoning power is exercised judiciously, preventing potential misuse while maintaining the humane aspect of justice.

Q3: Evaluate the impact of the President's pardoning power on the Indian legal system.

Answer: The President's pardoning power significantly impacts the Indian legal system by introducing an element of discretion and compassion in justice delivery. This power allows for the correction of potential miscarriages of justice, particularly in cases where the law might impose excessively harsh penalties. The ability to grant pardons serves as a safety valve against the rigidity of the law, allowing for individual circumstances to be considered. However, this power's impact is also dependent on the ethical standards of those in office, highlighting the importance of integrity in the exercise of judicial powers. Ultimately, the balance between justice and mercy is essential for upholding public confidence in the legal system.

Previous Year Questions on  Judicial Powers of president

1. UPSC CSE 2020

Question: "Discuss the judicial powers of the President as per the Constitution of India."

Answer: The judicial powers of the President of India are primarily articulated in Article 72, granting the President the authority to grant pardons, reprieves, respites, or remissions of punishment. This power is crucial in cases involving capital punishment, allowing for a review of sentences imposed by the judiciary. Additionally, the President's discretion extends to commuting sentences, which can help rectify judicial errors. While the exercise of this power is largely discretionary, it embodies the principles of justice and mercy, promoting a humane approach within the legal framework. However, it is important to note that the exercise of this power is not subject to judicial review, except in cases of malafide intentions, thus underscoring its significance in maintaining the integrity of the legal system.

2. UPSC CSE 2021

Quetion: "Critically examine the limitations of the President’s pardoning power." 

Answer: The limitations of the President's pardoning power are significant and essential for maintaining the balance of justice within the Indian legal system. This power, as stated in Article 72, cannot be exercised in cases of court-martial or preventive detention laws. Furthermore, while the President has wide discretion in granting pardons, this discretion is expected to be exercised judiciously, based on the merits of each case. The lack of scope for judicial review raises concerns about potential misuse of this power, making it crucial for the President to uphold ethical standards in its exercise. Therefore, while the pardoning power is a vital mechanism for mercy, its limitations ensure that it does not undermine the rule of law.

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