The recent decision of the Supreme Court of India in the case of A.G. Perarivalan and the Rajiv Gandhi assassination case has stirred up a hornet’s nest for its constitutional righteousness and establishing its supremacy as the final arbiter of enforcing constitutional discipline. The decision has been hailed by some major political parties as a blow for federalism.
Court’s extraordinary route
The Court has treaded the extraordinary constitutional route under Article 142. The power to do ‘complete justice’, for grant of remission and consequent premature release. The Bench decided to exercise the power of grant of pardon, remission et al., exclusively conferred on the President of India and State Governors under Articles 72 and 161. In the teeth of foundational bedrock and cornerstone of separation of powers viz. Parliament/Legislature, Executive and Judiciary, whether the course adopted by the Bench to do expedient justice is constitutional calls for introspection.
