Mercy petition

06 May 2022 Mercy petition

Mercy petition – Today Current affairs

• Recently, the ‘Supreme Court’ has advised the central government to release the convict convicted in the assassination case of former Prime Minister Rajiv Gandhi, as he has already served more than three decades.

Today Current Affairs

Further actions:

• The Supreme Court has also advised the Central Government to take action against the Governor of Tamil Nadu, as the Governor has decided to “ignore” the binding advice of the ‘State Cabinet’ regarding the release of the ‘convict’.

Related case : The Hindu Analysis

• The Governor of Tamil Nadu, ignoring the advice of the ‘State Cabinet’, has said that the President has the right to decide on the ‘Mercy Plea’ petition.

About Article 161 : The Hindu Analysis

• Under Article 161 of the Constitution, the Governor of a State shall, in relation to the matter to which the executive power of that State extend, pardon, suspend, the punishment of any person convicted of an offense against any law, Power to suspend or remit or to suspend, remit or commute a sentence is given.

Article 72 vs. Article 161 : The Hindu Analysis

• The extent of the pardoning power of the President under Article 72 of the Constitution of India is wider than the pardoning power of the Governor under Article 161.

This power differs in the following two ways : The Hindu Analysis

• The pardoning power of the President under Article 72 extends to the punishment or punishment awarded by the Court Martial, whereas, under Article 161 no such power has been conferred on the Governor.
• The President has the power to grant pardon in all cases of capital punishment, but the pardoning power of the Governor does not extend to the death penalty.

Importance of Pardoning Power : The Hindu Analysis

• The pardoning power of the executive is very important as it corrects the errors committed by the judiciary. It removes the effect of conviction of the accused without considering his guilt or innocence.
• Pardoning power is very helpful in saving an innocent person from being punished in case of error or doubtful conviction of the judiciary.
• The purpose of pardoning power is to correct judicial errors. Because no judicial administration related human system can be free from flaws.

In this article we mention all information about Mercy petition  Today Current affairs.

yojna ias daily current affairs 06 May 2022

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