1. What is the Kehar Singh vs. Union of India Case all about?
The Kehar Singh vs. Union of India case in 1989 dealt with the scope of the President’s power to grant clemency under Article 72 of the Indian Constitution. The case arose after Kehar Singh was convicted and sentenced to death for his involvement in the assassination of Prime Minister Indira Gandhi. Singh’s petition for clemency was rejected by the President of India, leading to a legal challenge on the grounds of procedural fairness and the scope of judicial review of the President’s clemency powers.
2. Facts of the Kehar Singh vs. Union of India Case Relevant for UPSC
- Parties Involved: Kehar Singh (petitioner) vs. Union of India (respondent).
- Legal Questions:
- Whether the President’s decision to reject a clemency petition under Article 72 is subject to judicial review.
- The extent of the President’s power to grant pardons, reprieves, respites, or remissions of punishment.
- Noteworthy Events:
- Kehar Singh was sentenced to death for his role in the assassination of Prime Minister Indira Gandhi.
- Singh’s family filed a clemency petition to the President, which was subsequently rejected.
- The rejection was challenged on the grounds that it was arbitrary and lacked procedural fairness.
3. What are the Major Judgements/Changes Brought by Kehar Singh vs. Union of India Case?
The Supreme Court delivered a landmark judgement clarifying the scope of the President’s clemency powers:
- The Court held that the President’s decision to grant or reject clemency under Article 72 is subject to judicial review, but only on limited grounds such as arbitrariness, mala fides, or extraneous considerations.
- It emphasized that the power of clemency is a constitutional safeguard intended to correct potential judicial errors or provide relief in deserving cases.
- The Court also highlighted that while the President’s decision is subject to judicial scrutiny, the scope of such review is very limited and does not include reappreciation of evidence or merits of the case.
4. What was the Impact of Kehar Singh vs. Union of India Case on Indian Constitution?
- Judicial Review of Clemency Powers: The judgement reinforced the principle that the President’s clemency powers are not beyond judicial scrutiny, ensuring a check against arbitrariness and misuse.
- Constitutional Safeguard: It underscored the importance of clemency as a constitutional safeguard to address miscarriages of justice or provide relief in exceptional circumstances.
- Limited Scope of Review: The ruling clarified the limited scope of judicial review over the President’s clemency powers, ensuring that such powers are exercised with due diligence and fairness.
5. Was this Kehar Singh vs. Union of India Case Challenged/Reversed in Future?
The principles established in the Kehar Singh case have been upheld in subsequent legal proceedings. The judgement continues to guide the exercise of the President’s clemency powers, ensuring that they are subject to limited judicial review to prevent misuse while respecting the constitutional role of the President.
6. Doctrines/Theories/New Concepts
- Doctrine of Limited Judicial Review of Clemency Powers: The case introduced the concept that the President’s clemency powers are subject to judicial review only on limited grounds such as arbitrariness, mala fides, or extraneous considerations, ensuring a balance between executive discretion and judicial oversight.