The question asks about the scope of the President's pardoning power under Article 72 of the Indian Constitution, specifically concerning the types of laws against which offenses can be pardoned. This requires understanding the division of executive powers between the Union and the States as outlined in the Constitution.
C) Union extends — Article 72(1)(a) explicitly states that the President's power to grant pardon extends to offenses against any law relating to a matter to which the executive power of the Union extends. This aligns perfectly with the President's role as the head of the Union Executive.
This question tests knowledge of the pardoning powers of the President and the Governor in India, specifically concerning death sentences. Understanding the constitutional provisions related to Articles 72 and 161 is crucial.
D) 1 and 3 only. Based on the analysis, statements 1 and 3 are correct, while statement 2 is incorrect.
The question asks to identify the reason why the President of India's pardoning power is wider than that of the Governor. This requires understanding the specific differences in their respective clemency powers as outlined in the Indian Constitution.
Correct Option: A) The President can pardon Court Martial sentences and death sentences; the Governor cannot. This statement accurately highlights two significant areas where the President's pardoning power is superior to the Governor's. The Governor cannot pardon a death sentence or a sentence awarded by a Court Martial.
The question asks about the specific power of the Governor related to death sentences, as preserved by Article 72(3) of the Indian Constitution. This requires knowledge of the constitutional provisions regarding the pardoning powers of the President and the Governor.
B) Suspend, remit or commute a sentence of death exercisable under any law for the time being in force
This option directly quotes or accurately reflects the essence of Article 72(3), which explicitly preserves the Governor's power to suspend, remit, or commute a sentence of death if such a power is granted by any law in force. It's important to note that the Governor does not have the power to 'pardon' a death sentence, only to suspend, remit, or commute it, and that too, if provided by law.
The question asks about the sole constitutional authority in India to grant a 'pardon' (in the strict sense) in a death sentence case. This requires knowledge of the pardoning powers of various constitutional functionaries in India.
Correct Option: D) President of India is the sole constitutional authority in India to grant a 'pardon' (in the strict sense) in a death sentence case, as per Article 72 of the Constitution.
The question asks about the pardoning power concerning sentences passed by a Court Martial. This requires knowledge of the constitutional provisions related to the pardoning powers of the President and the Governor in India.
Correct Option: C) Only the President under Article 72 can exercise this power. This is correct because Article 72 explicitly grants the President the power to pardon sentences passed by Court Martials, and this power is not available to the Governor.