Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhawani Mahapatra (Law Officer)     23 May 2011

Are the Mercy Petition subject to approval of Union Cabinet?

Dear Experts

ARE THE MERCY PETITION (Under Article-72 & 161 of Constitution of India) subject to approval of Union Cabinet or its sole discrection of the President/Governer ?



Learning

 12 Replies

pratik (self working)     23 May 2011

yes would like to known.

 

Arup (UNEMPLOYED)     23 May 2011

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

(a) In all cases where the punishment or sentence is by a Court Martial;

(b) In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) In all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

 

The above power of the President & the Governor is not subject to the approval of Union or state Cabinet. It is the constitutional power of the said posts. As it is a democratic country, President & Governor shared the power with their cabinet.

Bhawani Mahapatra (Law Officer)     23 May 2011

Can President/Governer bye pass the Union/State Cabinet to decide a mercy petition ?

TVD Rajkumar (Advocate)     24 May 2011

this is slightly off topic answer..

In a recent decision titled Narayan Dutt Vs St. of Punjab the Hon'ble Apex court has given some pointers/guidelins in dealing with pardon by Guv/Pres.. may be of interest to you [2011(4) SCC 353 dt 24/2/2011]

By the way this is executive power and cannot be subject to cabinet (legislature)

Hirdayanath M Kamble (Service)     24 May 2011

No Mercy Petitions are not subject to the approval of Uno\ion Cabinet, on the executive head of the state or the country has the power to deal with it.  

Democratic Indian (n/a)     24 May 2011

Governor or President are not bound to follow cabinet decision regarding this matter.

Arup (UNEMPLOYED)     24 May 2011

agreed with mr democratic union.

president not bound to follow it but if she desires to follow nothing can restrict her.

normally it is a healthy situation for a democratic country.

Arup (UNEMPLOYED)     24 May 2011

mr rajkumar raised a good point.

like to know the guideline of sc  - if possible.

Arup (UNEMPLOYED)     26 May 2011

today president rejects two perdon petition.

Democratic Indian (n/a)     28 May 2011

Originally posted by :Arup
"

agreed with mr democratic union.

president not bound to follow it but if she desires to follow nothing can restrict her.

normally it is a healthy situation for a democratic country.

"

Rather it is a real unhealthy situation for a democracy because usually the people who are greatest yesmen and greatest chamchas of the ruling party are appointed in "rewarding" posts of President or Governors. Hence rarely these people have any personality of their own, therefore in 99.99% of the cases they blindly follow the desires of the cabinet/ruling party. This is the most unfortunate fact of our glorious democracy.

Arup (UNEMPLOYED)     31 May 2011

yes mr democratic union, you are right.

the people has also mind.

they apply their mind also.

therefore everything known to them.

but in want of perfect alternative, they can't do any drastic or appropriate action.

Arup (UNEMPLOYED)     31 May 2011

" This is the most unfortunate fact of our glorious democracy. "

------      yes, right.

but we can not go out from this society. whatever we think right for our society, we have to obtain it through this system. our brain exercise for this purpose only.
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading