A CRITIQUE OF KULJEET SINGH V. LT.

GOVERNOR

CHANAKYA NATIONAL LAW UNIVERSITY

A CRITIQUE OF KULJEET SINGH V. LT. GOVERNOR

Rough Draft Submitted In The Partial Fulfilment Of The Course

Constitutional Law - II

SUBMITTED TO:
Dr. Anirudh Prasad

Constitutional Law - II

SUBMITTED BY:

NAME: WAQUAR AHMAD

COURSE: B.A. LL.B (Hons.)

ROLL NO: 1984

6th SEMESTER
 A CRITIQUE OF KULJEET SINGH V. LT. GOVERNOR

INTRODUCTION
Article 72 of the Constitution empowers the President to grant pardons to persons who have been
tried and convicted of any offence in all cases where the:

• Punishment or sentence for an offence against a Union Law,

• Punishment or sentence is by a court-martial (military court), and
• Punishment is a Death sentence.

Pardon may substantially help in saving an innocent person from being punished due to
miscarriage of justice or in cases of doubtful conviction.

The object of conferring this power on the President is two-fold:

➢ To keep the door open for correcting any judicial errors in the operation of law;
➢ To afford relief from a sentence, which the President regards as unduly harsh.

In this Case of Kuljeet Singh V. Lt. Governor The accused was charged of murdering two
children after kidnapping them in a car. The Trial court imposed Death Sentence on both of
accused. High Court confirmed their sentence. Special Leave Petition petitions filled in Supreme
Court Challenging their Conviction. Thereupon, Accused Filled writ petition under Article 32
for reappraisal of his case and reconsideration of Special Leave Petition filled by him.

Supreme Court Dismissed the writ petition and held that survival of an orderly society demands
the extinction of the life of persons like accused who are menace to social order and security.
They are professional murderers and deserve no sympathy even in terms of evolving standards
of decency of a maturing society.

Therefore, the death sentence imposed on petitioner was once again upheld.

So, in this Case petitioner, contends that the power conferred by Article 72 of the Constitution
on the President of India to grant pardons, reprieves, respites or remissions of punishment or to
suspend, remit or commute the sentence, especially in a case where the sentence is one of death,
is a power coupled with a duty which must be exercised fairly and reasonably.
 A CRITIQUE OF KULJEET SINGH V. LT. GOVERNOR

AIMS AND OBJECTIVES:

The Researcher aims to fulfil below objectives through this project:

I. To critically Study the facts and decision of the case.
II. To discuss constitutions provisions of pardoning powers of President under article 72.

HYPOTHESES:

I. Executive Clemency shall exist to afford relief from undue harshness or evident mistake
in operation or enforcement of criminal law.

RESEARCH METHODOLOGY
The Researcher will be relying on Doctrinal method of research to complete this project.
SOURCES OF DATA
I. Primary sources
II. Secondary sources: Books, Internet etc.

METHOD OF WRITING

The method of writing followed in the course of this research paper is primarily analytical.

LIMITATION OF THE STUDY

The Researcher as a student has completed the project, he has access to a limited area and having

a limited time.
 A CRITIQUE OF KULJEET SINGH V. LT. GOVERNOR

TENTATIVE CHAPTERIZATION

1. INTRODUCTION

2. FACTS OF CASE AND CONTENTIONS

3. SCOPE OF ARTICLE 72

4. JUDGEMENT AND ANALYSIS

5. JUDICIAL STAND ON PARDONING POWERS

6. CONCLUSION

BIBLIOGRAPHY
Books and Statues:

A. Constitution of India, 1950

B. M.P Jain, Indian Constitutional Law
C. V.N Shukla, Constitution of India

Websites:
A. www.Indiankanoon.org