Supreme Court Clarifies Primacy of Governor's Remission Powers under Article 161

In a significant judicial pronouncement, the Supreme Court of India, through a bench comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh, has reaffirmed the constitutional supremacy of the Governor’s power of remission. The Court held that the executive power of the Governor under Article 161 of the Constitution cannot be restricted, superseded, or rendered ineffective by subsequent statutory policies framed under the Code of Criminal Procedure (CrPC). The case centered on a conflict between a 2002 remission policy and a subsequent 2008 policy introduced by the Haryana government. The Court observed that since the 2002 policy was framed under the constitutional framework, a later statutory policy cannot override its effect or diminish the scope of the Governor's clemency powers. Consequently, the Court directed the state government to reconsider the appellant's remission application strictly in accordance with the 2002 policy, emphasizing that constitutional mandates must take precedence over subordinate legislative or executive policies.