Centre says President’s decision on mercy plea is not subject to Judicial Review
- Centre filed review petition in the Supreme Court seeking recall of its famous 3 judge’s verdict on mercy plea.
- Centre contended that President’s decision is beyond the scope of Judicial review ,hence the SC verdict declaring that unreasonable delay in disposing mercy petition could be a ground for commuting a death sentence is untenable in the court of law.
- Commuting death sentence on a mercy petition is prerogative of President and not the Supreme Court.
- It also contended that either Governor or President need not give any reasons for deciding on the mercy pleas.
- The 3 judges verdict on mercy plea on January 21, dealt with 15 convicts who were on death sentence got reprieve from SC, when it commuted their sentence to life imprisonment.
- Centre also said that Since SC considered Article 21, while deciding on the issue-the matter requires substantial interpretation of constitution and should be referred to a Constitutional bench as under Article 145.
- Article 21
- Article 145
- Review Petition
- Three Judge’s verdict on Mercy plea
- Judicial Review