- A public group has questioned the constitutional validity of “Power of Clemency” with the state government under Sections 432, 433 and 435 of the Criminal Procedure Code(Cr.PC)
- They said they were forced to move court in the backdrop of Tamil Nadu government’s decision to free Rajiv Gandhi killers.
- They contended that since power of clemency is vested with President and Governor under Article 72 and Article 161 respectively, the power of state government is against the constitution.
- They sought court to declare these provisions ultra vires the Constitution.
- It should be noted that recently Union Government also challenged power of Supreme Court to commute death sentence since the constitution vests that power with President.
- Power of Clemency in Constitution
- Article 72
- Article 161