Recently, the Supreme Court has ordered the release of former Prime Minister Rajiv Gandhi assassination convict AG Perarivalan, using his extraordinary powers to do full justice, under Article 142 of the Constitution.
Its need:
The court has ordered Perarivalan’s liberty after considering the extended imprisonment of about 30 years.
Due to the long wait after the pardon is presented by the offender and the reluctance of the Governor to decide the pardon petition, the apex court has had to exercise its constitutional powers.
Today Current Affairs
Regarding Article 142:
From the ‘Union Carbide case’ in 1989 to the Ayodhya Ram Mandir verdict in 2019, the apex court has exercised its extraordinary powers under ‘Article 142’ of the Constitution several times.
Under Article 142, the Supreme Court has been given the unique power to do ‘complete justice’ between the parties, that is, whenever a solution is not reached under the established rules and laws, the court may, in such a case, decide the facts of the case. According to this, the ‘final verdict’ can be given on the dispute.
Why was the need to include ‘Article 142’ in the Constitution felt by the Constituent Assembly? The Hindu Analysis
The Constituent Assembly emphasized the importance of including such an article in the Constitution.
The framers of the Constitution believed that this provision is ‘important for persons compelled to suffer due to adverse condition of the legal system in providing necessary remedies’.
Difference between the pardoning powers of the President and the Governor : The Hindu Analysis
The court rejected the contention of the Center that only the ‘President’ has the power to grant pardon in a case under Section 302 (punishment for murder) of the Indian Penal Code and in such a case the Governor has the power to grant pardon. There is no power. The Hindu Analysis
Because, this government’s argument will declare ‘Article 161’ as “ineffective”, resulting in an extraordinary situation in which clemency granted by governors in murder cases 70 years ago will be nullified.
In this article we mention all information about Article 142 Today Current Affairs.
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