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Under the new Bharatiya Nagarik Suraksha Sanhita Bill (BNSS), a death-row convict whose mercy petition has been rejected by the president will not have the right to appeal the decision in court. The Bill states that the president's decision under Article 72 of the Constitution will be final and cannot be challenged in court.
Justice Swaminathan was speaking at the 16th National Conference of Akhil Bharatiya Adhivaktha Parishad at Kurukshetra University, Haryana on the subject, '75 years of Resurgent Bharat: Time for Bhartiya Jurisprudence.'
The recent ruling in the Perarivalan case, raises important questions about the exercise of powers by constitutional functionaries.
![[AG Perarivalan remission] Governor acts on behalf of State; why is Central government defending him: Supreme Court - Vimarsana News](https://gumlet.assettype.com/barandbench%2Fimport%2F2018%2F09%2Frajiv-gandhi-sc-6.jpg?w=1200&auto=format%2Ccompress&ogImage=true)
The Supreme Court orally observed that nobody was above the law and that a Governor of a state cannot stall the working of the Constitution.
The question of remission should not be a matter of politics and electoral considerations Tamil Nadu Governor Banwarilal Purohit has decided that only the President can decide the issue of granting remission to the seven life convicts in the Rajiv Gandhi assassination case. Is the Governor correct in putting the ball in the President’s court, contrary to the State Cabinet’s advice? It has often been stressed by the Supreme Court that the clemency powers of the President, under Article 72, and the Governor, under Article 161, stand on an equal footing, and are exercised solely on Cabinet ...