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

Under Article 72 of the Constitution, the President of India possesses extensive pardoning powers. This includes the authority to grant pardons for sentences awarded by a Court Martial [2]. Furthermore, the President is the sole authority empowered to grant a full pardon in cases involving a death sentence, whereas the Governor's power in such cases is limited to suspension, remission, or commutation [2]. Regarding judicial review, the Supreme Court in the Kehar Singh case established that while the President's decision is subject to review, the scope is limited to ensuring the decision is not arbitrary, mala fide, or based on irrelevant considerations [2]. Statement 4 is incorrect because the power of clemency is specifically designed as a constitutional check that allows the executive to provide relief against the judicial mandate to prevent potential injustice or harshness in the law's application.

Sources

1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222
2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > PARDONING POWER OF THE PRESIDENT > p. 199