Important

Cases
UPSC CSE

2021-2022

Arpita Sharma Classes

 75 years of Independence - Early
release of :

* women and transgender

prisoners > 50 y/o

* male convicts > 60 y/o

* terminally ill Etc..

(C) ArpitaSharmaClasses

Constitutional Provisions What laws

are
applicable

What we
need to
study
Important terms like
remission , respite ,
parole , furlough etc.. Ethical point of
view
 Premature release of prisoner - Remission
Complete at least 14
constitutional way years in jail only then
you can use this way for
early release.

President Governor Executive (CrPC

Article 72 Article 161 Section 432-33)

(C) ArpitaSharmaClasses
Based on reports of

On the advice of

Prisoner’s
behaviour

Council of ministers Council of ministers

IGP’s report

Victim can appeal against release to High

Court - Supreme Court against this
Sentence
review board

System of checks & balances

Supreme Court guidelines on Remission to
State Governments
Laxman Naskar vs Union of India 2000

5 Pillars

'
Whether crime affects the society at large ?

Can crime be repeated ?

Does convict have the potential to commit

crimes ?

Any purpose being served by keeping the

convict in crime ?

Condition of the family of prisoner

Bilkis Bano Case

Investigation - CBI

Delhi Special Police Establishment

Act , 1946

Ministry of Personnel , Pension & Public

Grievances

CrPC - Section 435

Quasi Federal nature of CrPC
If any crime is investigated by CBI and state
government wants to take a decision regarding
the remission of the convict in that case , then it
has to consult and discuss with Central
Government - because this crime was
investigated by CBI .
 Parole
Pause / Suspend of the jail sentence
and allowing the prisoner to go out for
some time .

Conditions for giving parole :

A. Behaviour of the convict

Parole isn’t a right of a prisoner , it’s at

the discretion of the authority .

MHA has asked states to NOT RELEASE

PRISONERS , on PAROLE & FURLOUGH , who are
considered a threat to security of the state or to
individuals .

Parole - system of releasing a prisoner with

suspension of sentence . The release is conditional ,
usually subject to behaviour , and requires periodic
reporting to authorities for a set period of time .

Furlough To enable
prisoner to have
Similar to Parole but with some differences .
It’s given in case of long term imprisonment.
a social life
Period of furlough granted to a prisoner is treated as remission of his
sentence .

Seen as a matter of right for a prisoner , to be granted periodically irrespective

of reason , and merely to enable the prisoner to retain family and social ties ,
and to counter the ill effects of prolonged time spent in prison .
 Parole & Furlough

Reformative Processes
Introduced with a view to humanising
the prison system

Covered under Prisons Act of 1894

Prelims 2021

Q. With reference to India , consider the following

statements -
1. When a prisoner makes out a sufficient case , parole
cannot be denied to such prisoner because it becomes a
matter of his/her right .
2. State Govt have their own Prisoners Release on Parole
rules .

Which of the statements given above is/are correct ?

A. 1 only
B. 2 only
C. Both 1&2
D. None
PARDON → REMOVING THE SENTENCE & THE
CONVICTION

SETTING THE PRISONER FREE

COMMUTATION → SUBSTITUTION OF ONE

FORM OF PUNISHMENT
FOR A LIGHTER FORM

REMISSION → REDUCING PERIOD OF

SENTENCE WITHOUT
Premature release
CHANGING ITS CHARACTER

RESPITE → AWARDING LESSER SENTENCE

IN PLACE OF ONE ORIGINALLY
AWARDED DUE TO SOME

SPECIAL FACT SUCH AS

,

^
(C) ArpitaSharmaClasses

Pregnancy physical
ofwoman
disability
Glenda
etc . .

REPRIEVE → STAY OF EXECUTION OF

A SENTENCE FORA
TEMPORARY PERIOD .
Mains 2014

Q. Instances of President’s delay in commuting death sentence has

come under public debate as denial of justice . Should there be a time
limit specified for the President to accept/reject such petitions?
2019 Essay

Q. Best for an individual is not necessarily best for society .

2020 Essay

Q. Ships do not sink because of water around them , ships sink because
of water that gets into them .

2021 Essay

Q. There are better practices to best practices .

Kesavananda Bharati Case
The case was heard for 68 days .

Challenged Kerala Land Reforms

Legislation in 1970

Imposed
restrictions on the
Keshavananda Bharati
Case was management of
challenged u/a 26 religious property.
concerning Right
to Manage
Religiously
Owned Property
without
government
interference .
13 judge bench
Was the power of was set up by
Parliament to amend the Supreme Court ,
Constitution unlimited ? the biggest so far ,
to hear the case .
Could Parliament alter , amend ,
abrogate any part of Constitution
even to the extent of taking away all
fundamental rights ?
 Landmark Judgement

24th April 1973

Thin majority of 7:6

Basic Structure is Majority held that any provision of the Indian

inviolable and could Constitution can be amended by the Parliament in
not be amended by order to fulfil its socio-economic obligations that were
Parliament guaranteed to citizens as given in the Preamble ,
provided that such amendment DID NOT CHANGE
THE BASIC STRUCTURE OF THE CONSTITUTION.

24th Constitutional Amendment was entirely valid

24th CAA , 1971

Parliament had also

given itself the power
to amend any part of
the Constitution .
25th CAA , 1972

Right to Property had

been removed as a
fundamental right .

The court also found the 2nd part of

the 25th CAA to be ultra vires.

It declared the Article 31C as

unconstitutional & invalid on the
ground that judicial review is basic
structure & hence cannot be taken
away.
 Despite the ruling the Parliament cannot
breach Fundamental rights , the court
upheld the amendment that removed the
fundamental right to property .

The court ruled that in spirit , the

amendment would not violate the Basic
Structure of the Constitution.

No law can Origin - German

impinge on the Constitution
basic structure .

Tenet of Indian
Doctrine of Basic Structure Constitution Law

Parliamentary In India - bedrock

Democracy , of judicial review
fundamental rights , of all laws passed
judicial review , by Parliament
secularism - are all
held by courts as
basic structure , the
list is not exhaustive

It’s the judiciary that is responsible to decide

what constitutes the basic structure .
 Summarise

1. The Constitutional bench ruled

by a 7:6 majority that
PARLIAMENT SHOULD BE
RESTRAINED FROM ALTERING
BASIC STRUCTURE OF
CONSTITUTION.

2. Court held that Article 368 , 3. Court didn’t define

Basic Structure and only
which provides Parliament
listed a few principles :
amending powers , something A. Federalism
must remain of original B. Secularism
constitution that the new C. Democracy
amendment would change . As being this part .
The list is not exhaustive .

4. Basic Structure since this case has been interpreted to include -

Supremacy of Constitution
Rule of Law
Independence of Judiciary
Doctrine of separation of powers
Federalism
Secularism
Sovereign democratic republic
Parliamentary system of government
Principle of free and fair elections
Welfare state etc..
 Outcomes & Implication
If majority of SC had held that
Parliament could alter any part of the
Constitution, India would have
turned into a Totalitarian State or
had 1 party rule .

Constitution would have lost its supremacy .

39th Amendment - prohibited any challenge to the

election of President , VP , Speaker , PM , irrespective
of the electoral malpractice .

41st Amendment - prohibited any criminal or civil case ,

being filed against President, VP , PM or Governors ,
not only during their terms of office but forever .

Thus , if a person was a governor for just 1 day , he

acquired immunity from any legal proceedings for life .

If parliament would have gained supreme powers ,

these amendments would have become a part of
Constitution.