Pardoning Power of the President and the Governor

Abstract

The pardoning power of the President and the Governor in India is a crucial aspect of the country's constitutional framework. This paper examines the extent to which the President and the Governor are bound by the advice of the Council of Ministers while exercising their pardoning powers. It discusses the textual interpretation of the Constitution, judicial precedents, and the possibility of absurdity in certain situations. The paper concludes that the President and the Governor should have some leeway to exercise their pardoning powers independently, without being bound by the advice of the Council of Ministers, in order to prevent situations of absurdity and ensure that the power is exercised reasonably and fairly.