{"id":33021,"date":"2024-03-08T07:32:58","date_gmt":"2024-03-08T07:32:58","guid":{"rendered":"https:\/\/edukemy.com\/blog\/?p=33021"},"modified":"2024-03-08T07:33:00","modified_gmt":"2024-03-08T07:33:00","slug":"the-exercise-of-executive-clemency-is-not-a-privilege-but-is-based-on-several-principles-and-discretion-has-to-be-exercised-in-public-considerations-analyze-this-statement-in-the-context-of-the-j","status":"publish","type":"post","link":"https:\/\/edukemy.com\/blog\/the-exercise-of-executive-clemency-is-not-a-privilege-but-is-based-on-several-principles-and-discretion-has-to-be-exercised-in-public-considerations-analyze-this-statement-in-the-context-of-the-j\/","title":{"rendered":"“The exercise of executive clemency is not a privilege but is based on several principles and discretion has to be exercised in public considerations.” Analyze this statement in the context of the judicial powers of the President of India."},"content":{"rendered":"\n
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The executive clemency<\/strong> granted under Article 72<\/strong> involves discretion<\/strong> but is bound by certain standards<\/strong>. It is not a privilege<\/strong>, as the President<\/strong> cannot wield it arbitrarily<\/strong> solely for the convict’s benefit; its exercise must be genuine<\/strong>. Furthermore, this power is wielded by the Executive head<\/strong> with the council of ministers<\/strong> and is open to judicial scrutiny<\/strong>.<\/p>\n\n\n\n

This stance was established by the 42nd and 44th Amendment Acts<\/strong>, framing it as an official duty performance<\/strong>. The President’s authority<\/strong> is not solely for the convict’s advantage but aims at justice for the people<\/strong>. The essence of executive clemency<\/strong> is not to overturn a court judgment’s punishment but to afford the convict the leniency<\/strong> granted by a more forgiving state policy<\/strong>.<\/p>\n\n\n\n

In the Kehar Singh case<\/strong>, the Supreme Court<\/strong> held that no specific guidelines<\/strong> could be stipulated for Article 72<\/strong>, emphasizing the need for discretion<\/strong>. Simultaneously, it emphasized that public considerations<\/strong> are crucial to curb executive arbitrariness<\/strong>. In the Maru Ram Case<\/strong>, the Supreme Court<\/strong> underscored the requirement for judicial powers<\/strong> to align with the counsel of ministers’ advice<\/strong>.<\/p>\n\n\n\n

Recent instances, such as the Afzal Guru case<\/strong> and mercy pleas<\/strong> in the Rajiv Gandhi assassination case<\/strong>, brought executive clemency<\/strong> to the forefront. However, it is imperative to avoid tendencies like the politicization<\/strong> of clemency for political gains<\/strong>, ensuring that its exercise remains genuine, prompt<\/strong>, and for the nation’s welfare<\/strong>.<\/p>\n\n\n\n

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