Maru Ram case

Polity & Governance glossary

Also called: Maru Ram v. Union of India (1980) · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT

Meaning

Maru Ram v. Union of India (1980) is a Supreme Court judgment on the pardoning power (the power to forgive or reduce a punishment) under Art. 72. The Court held that the President does not use this power alone. The President acts on the advice of the Council of Ministers, which in practice means the Cabinet. The same rule applies to a Governor under Art. 161. This matters because it shows that even mercy is part of the elected government's work, not a personal power of the head of state.

Example

In the same judgment, the Court also upheld the 14-year minimum term that certain life convicts must serve before they can be released early. So a mercy petition reaches the President only after the Home Ministry has advised on it, and the President decides on that advice.

Don't confuse with

  • Kehar Singh case (1988): it held that the President may look at the evidence afresh and differ from the courts. Maru Ram is about whose advice governs the decision.

Related concepts

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