Scope of Judicial Review

Maru Ram case, 1980

In Maru Ram case 1980, the Supreme Court declared that the power of the President under Article 72 is subject to judicial review. It maintained that the power cannot be exercised in an arbitrary manner.

Recent Judgment in Shatrughan Chauhan vs. Union of India (2014)

In this case, the Supreme Court has held that:

1. Inordinate delay can be a justified ground for commutation of death penalty into life imprisonment.

2. Psychiatric conditions developed during incarceration are grounds for clemency.

3. It ruled against the solitary confinement of death row prisoners.

4. At least 14 days prior notice to be given to family members prior to execution.

5. It is not a mere prerogative of the President and the decision is subject to judicial review.

6. It is a constitutional obligation of the President and Governors to dispose off mercy petitions of convicts.

7. Right to seek mercy is a constitutional right, which cannot be subject to whims and fancies of the executive.

8. Though no time limit can be prescribed, it is the duty of the executive to expedite the matter at every stage.

9. Article 21 is available till last breath, even after the mercy petition has been rejected. And the convict can still approach the courts for commutation on the grounds of supervening events.

10. Legal aid to be made available at all stages.

11. Rejection to be intimated at the earliest. It should be intimated to the nearest legal aid center apart from informing the convict.

12. The person has the right to seek judicial review. After the rejection of mercy petition, the judiciary has the power to even invalidate a President’s decision, if there is evidence of biasness.