Comprehension
“The power to pardon is a part of the constitutional scheme, and we have no doubt, in our mind, that it should be so treated also in the Indian Republic. It has been reposed by the people through the Constitution in the Head of the State, and enjoys high status. It is a constitutional responsibility of great significance, to be exercised when occasion arises in accordance with the discretion contemplated by the context. It is not denied, and indeed it has been repeatedly affirmed in the course of argument by learned counsels appearing for the Petitioner that the power to pardon rests on the advice tendered by the Executive to the President, who subject to the provisions of Art. 74(1) of the Constitution, must act in accordance with such advice......”
We are of the view that it is open to the President in the exercise of the power vested in him by Art. 72 of the Constitution to scrutinise the evidence on the record of the criminal case and come to a different conclusion from that recorded by the court in regard to the guilt of, and sentence imposed on the accused. In doing so, the President does not amend or modify or supersede the judicial record. The judicial record remains intact, and undisturbed. The President acts in a wholly different plane from that in which the Court acted. He acts under a constitutional power, the nature of which is entirely different from the judicial power and cannot be regarded as an extension of it. This is so, notwithstanding that the practical effect of the Presidential act is to remove the stigma of guilt from the accused or to remit the sentence imposed on him.
It is apparent that the power under Art. 72 entitles the President to examine the record of evidence of the criminal case and to determine for himself whether the case is one deserving the grant of the relief falling within that power. We are of opinion that the President is
entitled to go into the merits of the case notwithstanding that it has been judicially concluded by the consideration given to it by this Court. In Kehar Singh v. Union of India, 1989 SC, this court stated that the same obviously means that the affected party need not be given the reasons. The question whether reasons can or cannot be disclosed to the Court when the same is challenged was not the subject-matter of consideration. In any event, the absence of any obligation to convey the reasons does not mean that there should not be legitimate
or relevant reasons for passing the order.
[Extract from the judgment of Shatrughan Chauhan v. Union of India 2014 (3) SCC 1]
We are of the view that it is open to the President in the exercise of the power vested in him by Art. 72 of the Constitution to scrutinise the evidence on the record of the criminal case and come to a different conclusion from that recorded by the court in regard to the guilt of, and sentence imposed on the accused. In doing so, the President does not amend or modify or supersede the judicial record. The judicial record remains intact, and undisturbed. The President acts in a wholly different plane from that in which the Court acted. He acts under a constitutional power, the nature of which is entirely different from the judicial power and cannot be regarded as an extension of it. This is so, notwithstanding that the practical effect of the Presidential act is to remove the stigma of guilt from the accused or to remit the sentence imposed on him.
It is apparent that the power under Art. 72 entitles the President to examine the record of evidence of the criminal case and to determine for himself whether the case is one deserving the grant of the relief falling within that power. We are of opinion that the President is
entitled to go into the merits of the case notwithstanding that it has been judicially concluded by the consideration given to it by this Court. In Kehar Singh v. Union of India, 1989 SC, this court stated that the same obviously means that the affected party need not be given the reasons. The question whether reasons can or cannot be disclosed to the Court when the same is challenged was not the subject-matter of consideration. In any event, the absence of any obligation to convey the reasons does not mean that there should not be legitimate
or relevant reasons for passing the order.
[Extract from the judgment of Shatrughan Chauhan v. Union of India 2014 (3) SCC 1]
Question: 1
Which one of the following statements is correct with respect to the granting of pardon by the President?
Which one of the following statements is correct with respect to the granting of pardon by the President?
Updated On: Dec 3, 2024
- The power to grant pardon is a constitutional duty. Hence, judicial review is available, just as any executive action
- Granting pardon being the privilege of the President, no judicial review is available against the decision of the President in granting or refusing to grant a pardon
- The constitution expressly conferred the power to grant pardon to the President hence, the President is not bound to rely on the aid advice of the executive
- The President's power to grant pardon can be reviewed on the grounds of non-application of mind
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The Correct Option is D
Solution and Explanation
- The President’s power to grant pardon is a discretionary power under Article 72 of the Constitution of India. Judicial review is generally not available against the decision of the President, as it is considered a privilege.
- Judicial review is not available unless there is an issue of the non-application of mind or mala fide intentions.
Thus, the correct answer is (B).
- Judicial review is not available unless there is an issue of the non-application of mind or mala fide intentions.
Thus, the correct answer is (B).
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Question: 2
In the above case the Supreme Court held that a minimum period of _______ days be stipulated between the receipt of communication of the rejection of the mercy petition and the scheduled date of execution.
In the above case the Supreme Court held that a minimum period of _______ days be stipulated between the receipt of communication of the rejection of the mercy petition and the scheduled date of execution.
Updated On: Dec 3, 2024
- 15
- 30
- 14
- No such time was fixed
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The Correct Option is C
Solution and Explanation
- In the case of Shatrughan Chauhan v. Union of India, the Supreme Court held that there should be a minimum period of 30 days between the communication of the rejection of the mercy petition and the scheduled date of execution.
Thus, the correct answer is (B).
Thus, the correct answer is (B).
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Question: 3
What is not true about Art. 21 of Constitution of India?
What is not true about Art. 21 of Constitution of India?
Updated On: Dec 3, 2024
- Insanity is not a relevant supervening factor for commutation of death sentence
- Right to life of a person continues till his last breath and that Court will protect that right even if the noose is being tied on the condemned person's neck
- The anguish of alternating hope and despair, the agony of uncertainty and the consequence of such suffering on the mental, emotional and physical integrity and health violates Art. 21 of the prisoners
- Art. 21 is a substantive right and not merely procedural
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The Correct Option is A
Solution and Explanation
- Article 21 of the Indian Constitution protects the right to life and personal liberty, and this right cannot be taken away except according to the procedure established by law
.- Option (A) is incorrect because insanity is a valid factor for the commutation of a death sentence under Article 21.- The Supreme Court has held that mental agony caused by prolonged uncertainty is a violation of the right to life.
Thus, the correct answer is (A).
.- Option (A) is incorrect because insanity is a valid factor for the commutation of a death sentence under Article 21.- The Supreme Court has held that mental agony caused by prolonged uncertainty is a violation of the right to life.
Thus, the correct answer is (A).
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Question: 4
In which case, the Supreme Court held that if the crime is brutal and heinous and involves the killing of a large number of innocent people without any reason, delay cannot be the sole factor for the commutation of the death sentence to life imprisonment?
In which case, the Supreme Court held that if the crime is brutal and heinous and involves the killing of a large number of innocent people without any reason, delay cannot be the sole factor for the commutation of the death sentence to life imprisonment?
Updated On: Dec 3, 2024
- Devender Pal Singh Bhullar v. State (NCT) of Delhi
- V. Sriharan Murugan v. Union of India
- Yakub Abdul Razak Memon v. State of Maharashtra
- Shatrughan Chauhan v. Union of India
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The Correct Option is A
Solution and Explanation
- In the case of Devender Pal Singh Bhullar v. State (NCT) of Delhi, the Supreme Court ruled that even if there is a delay in the execution of the death sentence, if the crime is heinous and brutal, involving large-scale loss of innocent lives, delay alone cannot justify commutation to life imprisonment.
Thus, the correct answer is (A).
Thus, the correct answer is (A).
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Question: 5
The President's power to grant a pardon
The President's power to grant a pardon
Updated On: Dec 3, 2024
- Can be delegated to the Council of Ministers
- Cannot be delegated as it is an essential legislative function
- Cannot be delegated as it is expressly conferred on the President
- Can be delegated to the Vice-president in the absence of the President
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The Correct Option is C
Solution and Explanation
- The power to grant pardon is explicitly conferred on the President by Article 72 of the Constitution of India. This power cannot be delegated to any other body, including the Council of Ministers or the Vice President.
Thus, the correct answer is (C).
Thus, the correct answer is (C).
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