Supreme court's judgement in Shatrughan Chauhan v. Union of india case has received lot of appreciation & has been counted as one of its finest judgement for its clarity & fidelity to earlier decision.
Supreme court has commuted the life imprisonment the sentence of 15 convicts on death row who were shunned by the society .The legal issue at stake in this case was simple: Are the powers of pardon vested in the president & governor under article 72 & 161 of the constitution amenable to judicial review? The court held that these powers carried with them a concomitant constitutional duty for the authorities exercising the powers to conform to due process.
Therefore in exceptional cases where, where the authorities concerned may have abdicated its responsibility in acting contrary to requirement of due process, its decisions would be amenable to judicial scrutiny.
Supreme court has commuted the life imprisonment the sentence of 15 convicts on death row who were shunned by the society .The legal issue at stake in this case was simple: Are the powers of pardon vested in the president & governor under article 72 & 161 of the constitution amenable to judicial review? The court held that these powers carried with them a concomitant constitutional duty for the authorities exercising the powers to conform to due process.
Therefore in exceptional cases where, where the authorities concerned may have abdicated its responsibility in acting contrary to requirement of due process, its decisions would be amenable to judicial scrutiny.
No comments:
Post a Comment