Opinion - Letters to the Editor   

Power of pardon

By ruling that the exercise of executive clemency is subject to judicial review, the Supreme Court has risen to the occasion yet again. Its observations — that the power is meant not just for the benefit of the convict, its exercise should serve public welfare better, and the compromise of the Rule of Law on grounds of political expediency will set a dangerous precedent — reflect the views of a majority on the issue of clemency for Mohammed Afzal, sentenced to death in the Parliament attack case.

M.V. Saranath,
Chennai

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The court has rendered Articles 72 and 161 redundant for all practical purposes. One can now expect Parliament to amend the Constitution to safeguard the executive's absolute power to pardon. While the judiciary sentences an accused strictly on the basis of law, the considerations that guide the executive exercise of the power to grant pardon can be outside the pale of law, though constitutional.

The position that the law alone should prevail commends itself for acceptance, as the court verdict is the end product of a thorough consideration of all legal aspects.

G. Jagannathan,
Dharmapuri, T.N.

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The ruling comes at a crucial time when Afzal's fate hangs in the balance. The entire scope of sentencing in criminal cases, and its aftermath, will henceforth fall within the judicial ambit.

Ganapathi Bhat,
Akola, Maharashtra

* * *

The ruling that Articles 72 and 161 are not outside the purview of judicial review is welcome. It will impose the necessary curbs on the power of Governors who are political appointees.

R. Sreeram,
Kollam, Kerala

* * *

Of course, the Supreme Court has every right to uphold judicial review over presidential pardon. But the need of the hour is the creation of a judicial commission, independent of both the executive and the judiciary.

Eldho Mathews,
Kottayam, Kerala

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It is not proper to limit the scope of the President's power to grant pardon. It will lead to the highest constitutional office being subjected to controversy. I am not a legal expert but I feel we should leave it to the President's discretion.

P. Ramalingam,
Chennai

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