Are the Mercy Petition subject to approval of Union Cabinet?

Law Officer

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 ?

 
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self working

yes would like to known.

 

 
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UNEMPLOYED

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.

 
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Law Officer

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

 
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Advocate

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)

 
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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.  

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

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.

 
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UNEMPLOYED

mr rajkumar raised a good point.

like to know the guideline of sc  - if possible.

 
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UNEMPLOYED

today president rejects two perdon petition.

 
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