Executive Power of Clemency

In a recent judgment in State of Haryana vs. Jagdish, a three Judges’ Bench of the Supreme Court of India has held that the clemency power of the Executive is absolute and remains unfettered for the reason that the provisions contained under Article 72 or 161 of the Constitution cannot be restricted by the provisions of Sections 432, 433 and 433-A of the Code of Criminal Procedure.

The complete judgment may be downloaded from this link State of Haryana v Jagdish.

Please note that I make no guarantees as to the accuracy of text of the judgment posted here; users are requested to refer to journals such as SCALE and SCC for the reported versions of the judgment.


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