Popular knowledge is such that President of India is top authority of India and its orders are Supreme.
No.
The fact is Supreme Court and Rule of Law are Supreme in India.
The Constitution provides for a " Basic Structure" which cannot be altered by Parliament of India even by amending Constitution!
One condition of Basic Structure is such that orders of Even Highest Authority of the Country can be set aside by Courts, which are here to uphold Rule of Law.
Thus, Rule of Law is Supreme in India. The Rule of Law is what Supreme Court of India says.
IMPLICATIONS
This has wide implication. Supreme Court has ruled that Life means whole life imprisionment, but it is open to President and Governors to release life convicts after 14 years in jail.
So now all life convicts can queue before ministers to get their release through President or Governor's pardon. This powers can be abused. And ruling parties may release criminals for political purposes.
THE CATCH
The catch is, Supreme Court and High Court can cancel wrongly granted pardons and can put back criminals in jail.
THE QUESTION
If a dreaded criminal is given pardon or released wrongly from jail, sometimes even before mandate of 14 years, who will dare to come to court to challange such wrong order? Will Supreme Court or High Court protect him after he has filed such a public interest petition?
Haresh Raichura
5th May, 2013
