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Answer

Correct Option is Only 2

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the 1. Punishment or sentence is for an offence against a Union Law 2. Punishment or sentence is by a court-martial (military court) 3. Sentence is a sentence of death The pardoning power of the President is independent of the Judiciary as it is executive power. The President can pardon sentences inflicted by court-martial (military courts) while the governor cannot. The President can pardon a death sentence while the governor cannot. Even if a state law prescribes the death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence. In other words, both the governor and the President have concurrent power in respect of suspension, remission and commutation of a death sentence. Hence only statement 2 is correct.

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