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Supreme Court of India

Swaran Singh v. State of U.P. and Ors.

Neutral citation
Reported as [1998] 2 S.C.R. 206
Bench M.M Punchhj CJI, K.T. Thomas and M. Srinivasan JJ.
Decided 5 March 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid settled legal position, we cannot accept the rigid contention of the learned counsel for the third respondent that this C Court has no power to touch the order passed by the Governor under Article 161 of the constitution.

Judgment, page 6

From the headnote

Constitution of India, 1950: Article 161-Power of Governor to grant remission of punishment-Conviction for murder-Accused sentenced to c imprisonment for life-Remission petition to Governor-Concealment of material facts-Remission granted-Held, Governor not posted with material facts-Deprived of opportunity to exercise power in fair and just mannel'- Remission order quashed-Remission petition to be considered afresh. Judicial review-Orders passed by Governor under Article of 161 of the Constitution of India-Held, is subject to judicial review if the powers are exercised arbitrarily mala fide

Where later benches applied it

Of those, 3 relied on · 2 referred to

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