THE PARDONING POWER OF GOVERNOR AND PERARIVALAN JUDGEMENT: A GLIMMER OF HOPE?


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Article type :

Original article

Author :

Nitesh Ranjan,Aman Upadhayay

Volume :

1

Issue :

1

Abstract :

Supreme Court recently released AG Perarivalan, one of the seven convicts in the Rajiv Gandhi Assassination Case which took place in Sriperumbudur town of Tamil Nadu in 19911. In this case, the Governor had a major role to play. Article 1532 mandates for each state to have a governor. It is appointed by the President and can address his resignation only to the President. The Governor has the executive authority of a state. The powers and jurisdiction of a governor have been a debatable issue in India. The Governor's use or abuse of the pardoning power is not exempt from judicial review. In some circumstances, a limited judicial review is an option. However, the Court may intervene if the Governor exceeds his authority under the constitutional framework. The Court will refrain from evaluating the propriety or sufficiency of the reasons for exercising this power in a specific case. For instance, the courts will intervene when the clemency power is used arbitrarily, dishonestly, or in complete disregard of constitutional law. In the context of the case, we will be analyzing the pardoning power of the Governor in India.

Keyword :

Keywords: Supreme Court, Article 153, president, governor, judicial review.
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