order dated 14th August, 1997 made by the Governor under Article 161 of the Constitution of India.
4. The order dated 14th August ... 50th Anniversary of the Independence of India and in pursuance of Article 161 of the Constitution of India, the Governor of Gujarat granted remission
power conferred on Court Martial or the Governor
of a State. Article 161 of the constitution confers upon the Governor of a
state similar powers ... president of India and the Governors of the States
by article 72 and article 161 , respectively, of the Constitution. Both
these articles first refer
Government issued a resolution
dated 25.01.2017 in exercise of power under Article 161 of
the Constitution granting remission to certain convicts,
including those serving life ... respondent - State Government. As the State Government
issued resolution under Article 161 of the Constitution
granting remission to certain convicts including life
imprisonment convicts
contentions have been raised
(1) Section 433A is ultra vires Article 161 of the Constitution.
(ii) If it is not ultra vires Article 161 ... order to find out whether Section 433A is ultra vires that Article. Article 161 provides as under:
The Governor of a State shall have
occasion of celebration of Mahatama Gandhi Jayanti
and under Article 161 of the Constitution of India, the Government of
Gujarat granted remission in sentence ... Constitution makers went on to incorporate the provisions of
Article 72 and Article 161 of the Constitution of India. This
responsibility was cast upon
occasion of celebration of Mahatama Gandhi Jayanti
and under Article 161 of the Constitution of India, the Government of
Gujarat granted remission in sentence ... Constitution makers went on to incorporate the provisions of
Article 72 and Article 161 of the Constitution of India. This
responsibility was cast upon
President of India under Article 72 of the
Constitution or by the Governor of the State under Article
161 thereof. The Court referred ... such consideration was
earlier made and exercised under Article 72 by the
President and under Article 161 by the Governor. As far
as the implication
order passed by His Excellency the Governor of Gujarat under Article 161 of the Constitution of India on the occasion of 50th Anniversary ... been under confinement remission granted by virtue of order passed under Article 161 of the Constitution of India can also be considered. We hasten
violates Articles 14 and 21 of the Constitution and that it seeks to amend the Constitutional provisions of Article 72 and Article 161 ... invalid on the ground that it was indirectly violative of Articles 72 and 161 of the Constitution. Mr. Mehta, learned Counsel for the petitioners
right to claim remission,
commutation, reprieve etc., as provided under
Article 72 or Article 161 of the Constitution
will always be available being constitutional
Page ... power has been exercised by
the President under Article 72 or the Governor
under Article 161 or by this Court in its
constitutional power under
