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 — Advice of Council of Ministers — Relevancy of, and duty of Central and State Government, stated.

HELD: While exercising power under Article 72, the President is required to act on the aid and advice of the Council of Ministers. In tendering its advice to the President, the Central Government is duty bound to objectively place the case of the convict with a clear indication about the nature and magnitude of the crime committed by him, its impact on the society and all incriminating and extenuating circumstances. The same is true about the State Government, which is required to give advice to the Governor to enable him to exercise power under Article 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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