Q: What are the Judicial Powers of President ?

Ans: Judicial Powers of President: 

Appointment of Chief Justice and Supreme Court/High Court Judges are on him

He takes advice from the Supreme Court, however, the advice is not binding on him under Article 143 of Indian Constitution. 

He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.

Note: Pardoning powers of the president includes the following types:

Pardon with the grant of pardon convicts both conviction and sentence completely absolved

Commutation with this nature of the punishment of the convict can be changed.

Remission reduces the term of the imprisonment

Respite  awards lesser punishment than original punishment by looking at the special condition of a convict

Reprieve stays the execution of the awarded sentence for a temporary period.



Keywords used : 
In criminal law, commutation refers to reducing or lessening a sentence or punishment resulting from a criminal conviction, which can be done by the governor of a state (for state convictions) or president of the United States (for federal convictions).



Comments

Post a Comment

Popular posts from this blog

Q: The expression" Freedom of Press has not been used in Article 19 but it is comprehended within Article 19(1)(a). Comment and discuss as to what do you understand by " Freedom of Press" and how it is safeguarded by the courts ?

Ans: In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Art. 19(1) (a). There is no specific provision ensuring freedom of the press as such. Freedom of press or media refers to the rights given by the Constitution of India under the freedom and expression of speech in Article 19(1)(a). Freedom of press and media is widely recognised in India. It does have reasonable restrictions under Article 19(2) to protect the safety of the people of the nation. The restrictions can be imposed in case of threats against: Sovereignty and integrity of India Security of the State Friendly relations with foreign states Public order, decency or morality Contempt of court Defamation Incitement to an offence World Press Freedom Day was celebrated on May 3rd which acts as a reminder for all governments to respect the rights of media and press institutions around the world. It also substitutes as a day for all media bodies to reflect on the restrictions imp...
Read more

Q: What are the conditions of the President’s office ?

Ans: There are a few conditions for the candidate running for the President’s elections: He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office. He should not hold any office of profit. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent. Parliament decides his emoluments, allowances and privileges. Parliament cannot diminish his emoluments and allowances during his term of office. He is given immunity from any criminal proceedings, even in respect of his personal acts. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.
Read more

Q: Delineate Article 216 of Indian Constitution?

Ans: Article 216 of Indian Constitution mentions about Constitution of High Courts.  In accordance with this article,  every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint. There is no fixed minimum number of judges for the High Courts. It varies from Court to Court and from State to State.
Read more