postulates that there is a sentence to
surrender to'. Under Arts. 72, 161 the President's
prerogative is not made subject ... power of the State extends."
Though Art. 161 does not make any reference to Art. 72 of
the Constitution, the power of the Governor
SC1792 (4,14)
ACT:
Constitution of India-- Art. 72-- President's power to go
into the merits of case finally decided by the Courts ... justification for the view
that when exercising his powers under Art. 72 , the President
is precluded from entering into the merits of a case
decided
sentence awarded by the Court, like the President of India under Art. 72 and the Governor of the State under Art. 161 of the Constitution ... power under S. 401 to the power of clemency under Art. 72 or 161 of the Constitution of India and held that those powers could
States. Art.72 deals with the former and Art.161 with the latter. Art. 72 provides that the President shall have the power to grant ... passed in exercise of clemency power under Art. 161. Insofar as the exercise of power under Art. 72 or Art. 161 , there is no right
examination of the order passed by the President under Art.72 of the Constitution. At the outset we think it should be clearly understood that ... consider the merits and decide whether he should grant relief under Art.72. We are not concerned with the merits of the decision taken
discussion. Wide as the power of
pardon, commutation and release (Arts. 72 and 161) is, it
http://www.judis.nic.in
18
cannot run riot ... President in the exercise of the power vested in him by
Art. 72 of the Constitution to scrutinise the evidence on
the record
history of ss. 432
and 433 and study the heritage of Arts. 72 and 161 of the
Constitution. But this we will undertake ... principal
challenge has been based upon an alleged violation of Arts.
72 and 161 by the enactment of s. 433A. Sarvashri Nand
JUDGMENT03/10/1975
BENCH:
ACT:
Constitution of India, 1950, Art. 72-Scope of
President's power-Power of review of Presidents' action ... jurisdiction of courts to the clemency zone of the President
under Art 72. This last chance to live appeal for mercy by
men who mercilessly
This Court Has Not Endorsed The vs Hazara Singh on 10 September, 2009
Author: T
This Court Has Not Endorsed The vs Hazara Singh on 10 September, 2009
Author: T
