Kehar Singh v. Union of India

Facts

• Kehar Singh was convicted and sentenced to death for conspiracy in the assassination of PM Indira Gandhi (1984).
• After exhausting judicial remedies, his mercy petition under Art. 72 was rejected by the President.
• He challenged whether the President could independently examine the case or was bound by court findings.

Issues

1. What is the scope of the President's power under Art. 72?
2. Can the President examine the case on merits independent of court findings?
3. Is judicial review of the President's decision available?

Held

• Art. 72 confers the widest power on the President to grant pardons, reprieves, respites, remissions, or commutations.
• The President can examine on merits independent of and even contrary to judicial findings. The power is not limited to examining only post-conviction developments.
• The power is exercised on the aid and advice of the Council of Ministers (Art. 74).
• Judicial review is limited to: (a) non-application of mind, (b) mala fide, (c) extraneous considerations, (d) procedural violations.
• The court cannot substitute its own decision for the President's.

Ratio Decidendi

The pardoning power is a constitutional safety valve. It acknowledges that even after the judicial process has been exhausted, there may be circumstances, humanitarian, political, or policy-based, that justify executive clemency. This power complements the judicial process and cannot be circumscribed by it.