2015 · Q38
Which one of the following statements is correct?
General KnowledgeIndian Polity and Governance
- AThe President cannot pardon a person sentenced by a Court Martial.
- BThe supreme command of the defence forces of the Union vests in the President, but its exercise has to be regulated by law.
- CA person awarded rigorous imprisonment cannot be compelled to do hard work as this would amount to violation of Article 23 of the Constitution of India.
- DThe Armed Forces Tribunal Act, 2007 excludes the powers of the High Courts under Article 226 of the Constitution of India in relation to service matters of persons in the armed forces.
Explanation
Under Article 53(2), the supreme command of the defence forces vests in the President, but its exercise has to be regulated by law — statement B is correct. The President CAN pardon a person sentenced by a court-martial under Article 72; rigorous imprisonment with hard labour does not violate Article 23; and the Armed Forces Tribunal Act, 2007 does not exclude the High Courts' powers under Article 226. Only B is correct.