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R.S.PATHAK, E.S.VENKATARAMIAH, M.N.VENKATACHALIAH, N.D.OJHA
Kehar Singh, etc. – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points regarding the Presidential powers under Article 72 of the Constitution are as follows:

  1. The power under Article 72 is to be exercised solely on the advice of the Central Government, as per constitutional requirements, and not by the President independently. The advice given by the Government is binding on the President (!) .

  2. The President has the authority to review and consider the merits of a case, including evidence and facts, even if the matter has been finally decided by the courts. This review does not amount to altering or superseding the judicial record but is a separate constitutional power (!) (!) .

  3. The scope of the President’s power includes examining the evidence on record and coming to a different conclusion regarding guilt or sentence, independent of the judicial decision. This power is distinct from the judicial function and is rooted in constitutional authority (!) (!) .

  4. Judicial review of the President’s exercise of power under Article 72 is limited. Courts can examine whether the President acted within the scope of his constitutional authority but cannot review the merits of the decision itself, except to ensure it was within the constitutional boundaries (!) (!) .

  5. There is no legal right for a condemned individual to a personal or oral hearing before the President. The process is of an executive nature, and the manner of consideration, including whether to provide a hearing, is within the discretion of the President (!) .

  6. The power under Article 72 is of wide amplitude, and specific guidelines for its exercise are not necessary or feasible, given the variety and complexity of cases. The high status of this power within the constitutional scheme underscores its significance (!) .

  7. The President’s exercise of mercy powers is a constitutional function that involves scrutinizing the evidence and circumstances of a case independently, without being bound by judicial conclusions. This power is part of the constitutional scheme and is not an extension of judicial authority (!) (!) .

  8. The scope of the President’s power includes the authority to consider cases where a final court decision has been made, and to exercise clemency or pardon, including remitting sentences or granting pardons, based on the merits of the case and the circumstances involved (!) .

  9. The exercise of the power under Article 72 is not justifiable on the grounds that it is unreviewable; courts have the jurisdiction to examine whether the President has acted within the constitutional limits, but not to assess the merits of the case itself (!) .

  10. In cases involving capital punishment, the process of mercy and pardon remains within the President’s constitutional domain, and the decision to grant or reject clemency is an executive act that can be reviewed only for its constitutional validity, not for its substantive merits (!) .

These points collectively clarify the constitutional nature, scope, and limitations of the President’s powers under Article 72, emphasizing the importance of judicial oversight in ensuring that these powers are exercised within constitutional bounds.


JUDGMENT

R.S. Pathak, C.J.I. - On 22 January, 1986 Kehar Singh was convicted of an offence under section 120-B read with section 302 of the Indian Penal Code in connection with the assassination of Smt. Indira Gandhi, then Prime Minister of India, on 31 October, 1984 and was sentenced to death by the learned Additional Sessions Judge, New Delhi. His appeal was dismissed by the High Court of Delhi, and his subsequent appeal by special leave (Criminal Appeal No. 180 of 1987) to this Court was dismissed on 3 August, 1988. A Review Petition filed thereafter by Kehar Singh was dismissed on 7 September, 1988 and later a writ petition was also dismissed by this Court.

2. On 14 October, 1988 his son, Rajinder Singh, presented a petition to the President of India for the grant of pardon to Kehar Singh under Article 72 of the Constitution. In that petition reference was made to the evidence on the record of the criminal case and it was sought to be established that Kehar Singh was innocent and that the verdict of the Courts that Kehar Singh was guilty was erroneous. It was urged that it was a case for the exercise of clemency. The petition included a prayer that Kehar Singh's representative

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