President’s Clemency power is not immune from Judicial Review

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Held- President’s Clemency power is not immune from Judicial Review.

The Kerela H.C. recently reiterated that the clemency power is not immune to judicial review. The present appeal was filed by the appellant, who was convicted under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881, when his clemency petition before the President of India was rejected. The Court relied on Epuru Sudhakar v. Govt. of A.P. (2006) 8 SCC 161, where apex court elaborately considered the nature of the power of President. The Court observed that no error has been committed by the learned Single Judge in refusing the grant of prayers, as the conviction of the appellant was confirmed by the Apex Court and the clemency petition was rejected by the President. The Court further observed that the clemency power of the President/Governor is subject to judicial review, but only in certain cases where decision making authority exceeds its powers; commits an error of law; commits a breach of rules of natural justice; abuses its powers etc.

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