MERCY OR CLEMENCY POWERS OF THE PRESIDENT AND THE GOVERNOR; JUDICIARY PROCESSES; MINERVA MILLS CASE; SHATRUGHAN CHAUHAN VS UNION OF INDIA CASE

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 ❇️POWERS OF CLEMENCY - MERCY

It is an extraordinary power or we can call it as the Royal Powers Of Pardon.

    ARTICLE 72 : Power of President to grant Pardons, etc and to suspend, remit or commute sentences in Certain Cases.

   


At any stage before the death or before the execution of fansi, the accused person ( from any level of judiciary i.e. subordinate courts, HC or SC) can go for mercy to President through Article 72 and to the Governor through Article 161.

     ARTICLE 161 : Power of Governor to grant Pardons.

  If the accused person will apply for clemency to both President and Governor then 

(the following table shows the results of clemency applications)

               President.     Governor.     Result 

 1)🔹          ✔️                        ✔️                 ✔️

 2)🔹          ✔️                        ❌                 ✔️

 3)🔹          ❌                        ✔️                 ✔️

 4)🔹          ❌                        ❌                  ❌

        So, after seeing the results of the applications, it can be said that there is no conflict of power between President and Governor. And if any one gives the mercy, then the person (accused) will automatically get mercy. Article 72 and Article 161 are mutual in nature.

       Now come up the relief available in Article 72 and Article 161 of the Constitution.

       1)🔸REPRIEVE : Delaying in the beginning of the sentence.

      2)🔸RESPITE : SPECIAL CASES*

      3)🔸REMIT : to reduce the sentence to a fixed number without changing the character of the sentence.

     4)🔸COMMUTATE : to change the character of the sentence.

     5)🔸 PARDON : to drop all the charges and send back the accused to his home.

        Here, one major question arrises i.e. what are the difference between the power of President and Governor regarding mercy.......?

         The bullet answer that comes out from the gun is that President can give any of the mercy (i.e. reprieve, respite, remit, commutate, pardon) to the accused person where as Governor cannot give pardon to a death sentence, the maximum he can do is to give commutate mercy i.e. change the death sentence into life imprisonment. Also Governor cannot give mercy in the court martial of any armed force officer.

                Generally, the mercy is not an ordinary Judicial power, it is actually an extraordinary power.

    

 In the case of "MINERVA MILLS CASE OF 1980" it has been declared that

   " EVERYTHING IN INDIA IS UNDER JUDICIAL REVIEW"

     Then the question gets stuck that ........ Is clemency comes under Judicial Review.....?

The answer comes in the judgement of "SHATRUGHAN CHAUHAN VS UNION OF INDIA CASE OF 2013" that the final decision i.e. yes/no does not comes under Judicial Review. But the procedure through which this decision has been taken, comes under Judicial Review.

    President does not have descritionary power in it as he takes advice from MINISTRY OF HOME AFFAIRS. So, it can be said that there is a chance of Political interest in it....

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