Kehar Singh case

Polity & Governance glossary

Also called: Kehar Singh v. Union of India (1988) · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT

Meaning

Kehar Singh v. Union of India (1988) was a Supreme Court ruling on the President's pardoning power under Art. 72. While deciding a mercy petition (a request to spare or reduce a punishment), the President may look at the evidence afresh and may differ from the courts' view. The convict has no right to an oral hearing, meaning they cannot demand to be heard in person. Courts can review the decision only in a limited way. The case shows that pardon is an executive power, not another court appeal.

Example

A mercy petition against a death sentence goes to the Home Ministry, which advises the President. The President can then weigh the evidence and grant mercy even though the Supreme Court upheld the sentence.

Don't confuse with

  • Maru Ram case (1980): it held that the pardoning power is used on the Cabinet's advice. It was not about the President re-examining evidence.
  • Epuru Sudhakar case (2006): it listed the grounds, such as bad faith, on which a pardon can be struck down.

Related concepts

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