Constitution of India — Articles 72 & 161 — Powers of President and Governor –

September 13th, 2013

Constitution of India — Articles 72 & 161 — Powers of President and Governor — Scope of — Held, on receipt of the advice of the Government, the President or the Governor, as the case may be, has to take a final decision in the matter — Although, he/she cannot overturn the final verdict of the Court, but in appropriate case, the President or the Governor, as the case may be, can after scanning the record of the case, form his/her independent opinion whether a case is made out for grant of pardon, reprieve, etc. — In any case, the President or the Governor, as the case may be, has to take cognizance of the relevant facts and then decide whether a case is made out for exercise of power under Article 72 or 161 of the Constitution —

(Para 22)

Devender Pal Singh Bhullar v. State of N.C.T. of Delhi[Bench Strength 2], Writ Petition (Criminal) D. No. 16039/2011(12/04/2013), 2013(5) SCALE 575: 2013(2) Supreme 642: 2013(5) JT 598: 2013(5) SLT 223: 2013(6) SCC 195 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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