Judicial Review of Clemency Powers by President and Governor Reaffirmed as Limited
In a landmark judgment dated July 29, 2026, the Supreme Court of India, comprising Justices Sanjay Karol and Augustine George Masih, dismissed four writ petitions challenging the constitutionality of life imprisonment sentences for the remainder of natural life without the possibility of remission. The petitioners, including Ramasrey @ Fakkad, Chander Kant Jha, Atbir Singh, and others, contended that such sentences violated their statutory rights under the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC).
The bench reiterated the limited scope of judicial review over the clemency powers exercised by the President and Governors under Articles 72 and 161 of the Constitution. The court emphasized that these powers are distinct, unencumbered by statutory provisions, and not subject to appeal by the judiciary. The judgment highlighted that judicial review in such cases is limited to instances of lack of application of mind, mala fide actions, extraneous considerations, exclusion of relevant materials, or arbitrariness, none of which were proven by the petitioners.
The court also addressed the constitutionality of life imprisonment without remission, affirming the majority view in the case of Union of India v. V. Sriharan (2016), which upheld such sentences as valid, especially for crimes that do not meet the "rarest of rare" criteria for the death penalty. The judgment clarified that the special category of sentences beyond remission is constitutionally valid and necessary for justice in cases of severe crimes.
The Supreme Court's decision underscores the judiciary's role in maintaining the balance between the rights of convicts and the exercise of constitutional powers by executive authorities. The verdict marks a significant reaffirmation of the legal principles governing life imprisonment and the scope of clemency powers.
Statutory provision(s): Article 32, Article 72, Article 161 of the Constitution of India; Sections 45, 53, 302, 364A, 201 of the Indian Penal Code, 1860; Section 432 of the Code of Criminal Procedure, 1973.
Ramasrey @ Fakkad v. State Of Uttar Pradesh, (SC) : Law Finder Doc id # 2949923
