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Can a presidential order be challenged and a high/supreme court


08-Nov-2023 (In Criminal Law)
There is this case, I'll share the link, can someone say if there is a possibility for those 3 inmates to get a release, because they had received death clemency by the president with a condition that they stay inside the prison till death 1) https://www.google.com/amp/s/www.ewindianexpress.com/states/tamil-nadu/2012/jun/29/tn-3-death-row-convicts-pardoned-381669.amp 2) https://www.google.com/amp/s/www.thehindu.com/news/cities/chennai/president-can-impose-conditions-while-granting-clemency-to-death-convicts/article28702952.ece/amp/ 3) https://www.lawyerservices.in/Sheik-Meeran-And-Others-Versus-State-Of-Tamil-Nadu-1999-04-30
Answers (1)

Answer #1
532 votes
Clemency order of the President cannot be challenged. It is one of the highest constitutional powers. It cannot be claimed as matter of right. Commutation of death sentence doesn't mean acquittal. The convict still remains a convict and he has to undergo the imprisonment sentence.

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