23.President and Vice President

Question 1

What are the qualifications for election as the President of India according to Article 58?

Answer 1

The qualifications for election as the President of India according to Article 58 are:

*Citizenship of India.
*Age of 35 years or above.
*Qualification for election as a member of the Lok Sabha.

Question 2

What is the minimum age requirement for someone to be eligible for election as the President?

Answer 2

The minimum age requirement for someone to be eligible for election as the President is 35 years.

Question 3

What is the citizenship requirement for someone to be eligible for election as the President?

Answer 3

The citizenship requirement for someone to be eligible for election as the President is Indian citizenship.

Question 4

What is the qualification needed to be eligible for election as a member of the Lok Sabha?

Answer 4

The qualification needed to be eligible for election as a member of the Lok Sabha is also a requirement for the eligibility of the President. However, the specific details of the Lok Sabha qualification are not mentioned in the given text.

Question 5

What are the conditions regarding holding any office of profit for the President of India?

Answer 5

According to Article 59, the President of India should not hold any office of profit under the Union government, state government, local authority, or any other public authority.

Question 6

Who is exempted from the condition of not holding any office of profit?

Answer 6

The following individuals are exempted from the condition of not holding any office of profit and are qualified as Presidential candidates:

*Sitting President or Vice-President of the Union
*Governor of any state
*Minister of the Union or any state

Question 7

Can a person holding an office of profit under the Union government be eligible for election as the President?

Answer 7

No, a person holding an office of profit under the Union government is not eligible for election as the President of India.

Question 8

Can a person holding an office of profit under a state government be eligible for election as the President?

Answer 8

No, a person holding an office of profit under a state government is not eligible for election as the President of India.

Question 9

Can a person holding an office of profit under a local authority be eligible for election as the President?

Answer 9

No, a person holding an office of profit under a local authority is not eligible for election as the President of India.

Question 10

Can a person holding an office of profit under any other public authority be eligible for election as the President?

Answer 10

No, a person holding an office of profit under any other public authority is not eligible for election as the President of India.

Question 11

How long is the term of the President of India?

Answer 11

The term of the President of India is five years.

Question 12

From which date does the President’s term begin?

Answer 12

The President’s term begins from the date on which he enters his office.

Question 13

Can the President resign from his office? If yes, how can he do so?

Answer 13

Yes, the President can resign from his office. He can do so by addressing a resignation letter to the Vice President.

Question 14

To whom should the President communicate his resignation?

Answer 14

The President should communicate his resignation to the Speaker of the House of People.

Question 15

How can the President be removed from office before completing his term?

Answer 15

The President can be removed from office before completing his term by the process of impeachment under Article 61.

Question 16

Can the President continue to hold office beyond the five-year term?

Answer 16

Yes, the President can hold office beyond his term of five years until his successor assumes charge.

Question 17

What does Article 57 address?

Answer 17

Article 57 addresses the eligibility for re-election of the President.

Question 18

Can the President be re-elected for a consecutive term?

Answer 18

Yes, the President can be re-elected for a consecutive term if he is eligible and chosen by the electoral college.

Question 19

What does the President swear to in his oath?

Answer 19

The President swears to:

*Faithfully execute the office.
*Preserve, protect, and defend the Constitution and the law.
*Devote himself to the service and well-being of the people of India.

Question 20

Which institution is the Custodian of the Constitution?

Answer 20

The Supreme Court is the Custodian of the Constitution.

Question 21

Who administers the oath of office to the President?

Answer 21

The oath of office to the President is administered by the Chief Justice of India. In the absence of the Chief Justice, the senior-most judge of the Supreme Court available performs this duty.

Question 22

Does any other person acting as President also take an oath?

Answer 22

Yes, any other person acting as President or discharging the functions of the President also undertakes a similar oath or affirmation.

Question 23

What is the purpose of the President’s oath?

Answer 23

The purpose of the President’s oath is to ensure his commitment to faithfully execute the duties of the office, protect the Constitution and the law, and serve the well-being of the people of India.

Question 24

What is the process of removing the President from office called?

Answer 24

The process of removing the President from office is called impeachment.

Question 25

What is the basis for the impeachment of the President?

Answer 25

The basis for the impeachment of the President is a “Violation of the Constitution,” although the exact meaning of this phrase is not defined in the Constitution.

Question 26

Which Houses of Parliament can initiate impeachment charges against the President?

Answer 26

Impeachment charges against the President can be initiated by either House of Parliament.

Question 27

How many members of the House need to sign the charges against the President?

Answer 27

The charges against the President should be signed by one-fourth of the members of the House that framed the charges.

Question 28

What is the notice period given to the President before impeachment proceedings begin?

Answer 28

A 14-day notice should be given to the President before impeachment proceedings begin.

Question 29

What happens after an impeachment resolution is passed by a majority of two-thirds of the total membership of the House?

Answer 29

After an impeachment resolution is passed by a majority of two-thirds of the total membership of the House, it is sent to the other House for investigation of the charges.

Question 30

Does the President have the right to participate in the investigation of impeachment charges?

Answer 30

Yes, the President has the right to appear and be represented in the investigation of impeachment charges.

Question 31

Is impeachment a quasi-judicial procedure in Parliament?

Answer 31

Yes, impeachment is a quasi-judicial procedure in Parliament.

Question 32

Do both elected and nominated members of the Houses participate in the impeachment process?

Answer 32

Yes, both elected and nominated members of the Houses participate in the impeachment process.

Question 33

Is the term “violation of the Constitution” clearly defined in the Constitution?

Answer 33

No, the term “violation of the Constitution” is a vague term and has not been defined anywhere in the Constitution.

Question 34

What role do elected members of legislative assemblies have in impeachment proceedings?

Answer 34

Elected members of legislative assemblies have no role to play in impeachment proceedings. Their role is limited to the election of the President.

Question 35

What voting rights do nominated members of Parliament have in impeachment proceedings?

Answer 35

Nominated members of Parliament have the right to vote in impeachment proceedings, whereas they do not have voting rights in the election of the President.

Question 36

Has the procedure and authority to investigate charges against the President been specified in the Constitution?

Answer 36

No, the Constitution does not specify the procedure and authority to investigate charges against the President.

Question 37

Is there a specific time period mentioned for the impeachment process?

Answer 37

No, the Constitution does not specify a definite time period for the impeachment process.

Question 38

How can a vacancy occur in the President’s office?

Answer 38

A vacancy in the President’s office can occur in the following ways:

*On the expiry of the President’s five-year tenure.
*By the President’s resignation or through the process of impeachment.
*By the President’s death.

Question 39

What happens if there is a delay in conducting an election to fill the vacancy in the President’s office?

Answer 39

If there is a delay in conducting the election, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge.

Question 40

Who acts as the President if the office falls vacant due to resignation, removal, death, or other reasons?

Answer 40

If the President’s office falls vacant due to resignation, removal, death, or other reasons, the Vice-President acts as the President until a new President is elected.

Question 41

How long is the time frame to hold an election to fill the vacancy in the President’s office?

Answer 41

An election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy.

Question 42

What happens when a President becomes disqualified to hold office or when his election is declared void?

Answer 42

When a President becomes disqualified to hold office or when his election is declared void, the new President is given a full five-year term to serve.

Question 43

In whose name are all executive actions taken in India?

Answer 43

All executive actions in India are taken in the name of the President of India.

Question 44

What power does the President have regarding the manner of making and executing orders and other instruments?

Answer 44

The President has the power to specify the manner in which orders and other instruments are made and executed.

Question 45

What authority does the President have regarding the transaction of business of the Union government?

Answer 45

The President can make rules for the more convenient transaction of business of the Union government and for the allocation of such business among the ministers.

Question 46

Can the President declare an area as a scheduled area? What powers does the President have in relation to scheduled areas and tribal areas?

Answer 46

Yes, the President can declare any area as a scheduled area. The President has powers with respect to the administration of scheduled areas and tribal areas.

Question 47

What information can the President seek from the Prime Minister?

Answer 47

The President can seek any information relating to the administration of affairs of the Union and proposals for legislation from the Prime Minister.

Question 48

Who does the President have the power to appoint?

Answer 48

The President has the power to appoint:

*Prime Ministers and other ministers
*Attorney General of India
*Comptroller and Auditor General of India
*Chief Election Commissioner and other Election Commissioners
*Chairman and members of the UPSC (Union Public Service Commission)
*Governors of states and UT administrators
*Chairman and members of the Finance Commission.

Question 49

What is the role of the President in the introduction of money bills in Parliament?

Answer 49

Money bills can be introduced in Parliament only with the prior recommendation of the President.

Question 50

What responsibility does the President have regarding the annual financial statement?

Answer 50

The President causes the annual financial statement to be laid before the Parliament.

Question 51

Can any demand for a grant be made without the President’s recommendation?

Answer 51

No, no demand for a grant can be made except on the recommendation of the President.

Question 52

How can the President meet unforeseen expenditure?

Answer 52

The President can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.

Question 53

How often is a Finance Commission constituted by the President?

Answer 53

The President constitutes a Finance Commission every five years.

Question 54

Who negotiates and concludes international treaties and agreements on behalf of India?

Answer 54

International treaties and agreements are negotiated and concluded on behalf of the President of India.

Question 55

What is the military power of the President?

Answer 55

The President is the Supreme Commander of the defense forces of India and appoints the chiefs of the Army, the Navy, and the Air Force in that capacity.

Question 56

Who appoints the Chief Justice and judges of the Supreme Court and high courts?

Answer 56

The President appoints the Chief Justice and judges of the Supreme Court and high courts.

Question 57

Can the President seek advice from the Supreme Court?

Answer 57

Yes, the President can seek advice from the Supreme Court on any question of law or fact.

Question 58

Is the advice tendered by the Supreme Court binding on the President?

Answer 58

No, the advice tendered by the Supreme Court is not binding on the President.

Question 59

What powers does the President have regarding granting pardons and reprieves?

Answer 59

The President can grant pardon, reprieve, respite, and remission of punishment, or suspend, remit, or commute the sentence of any person convicted of any offense.

Question 60

What did the Court hold regarding the Pardoning power given to the President in the KM Nanavati Case?

Answer 60

In the KM Nanavati Case, the Court held that the Pardoning power given to the President is absolute and unconditional in nature.

Question 61

What does it mean when the President exercises the power of pardon?

Answer 61

When the President pardons, both the sentence and the conviction of the convict are completely absolved, including the sentences, punishments, and disqualifications.

Question 62

In what situation does the President choose to award a respite?

Answer 62

The President chooses to award a respite when there are special circumstances, and a lesser sentence is given in place of the original one.

Question 63

What does it mean when the President grants a reprieve?

Answer 63

When the President grants a reprieve, it means the execution of a sentence, especially in cases of death penalty, is temporarily stayed for a period of time.

Question 64

What happens when the President exercises the power to remit?

Answer 64

When the President exercises the power to remit, the period of the sentence is reduced, but the character of the sentence remains the same.

Question 65

What does it mean when the President commutes a sentence?

Answer 65

When the President commutes a sentence, it means that one form of punishment is substituted for a lighter form of punishment.

Question 66

Is Article 72 a discretionary power of the President?

Answer 66

Yes, it has been said that Article 72 is a discretionary power of the President and cannot be sought as the right of the convict.

Question 67

Can a Judicial review be conducted for Presidential Pardon?

Answer 67

Yes, in the Kehar Singh Case, the court held that a Judicial review for Presidential Pardon can be done if it is done with malicious intent.

Question 68

Do governors have the same pardoning powers as the President?

Answer 68

No, under Article 161, the pardoning powers of governors are limited as they cannot exercise it in cases of death sentence and court martial.

Question 69

Can the governor exercise the pardoning power?

Answer 69

Yes, the Supreme Court has recently stated that the governor can exercise the pardoning power.

Question 70

What is the difference between pardon and amnesty?

Answer 70

Pardon is for a criminal offense, while amnesty is for a political offense. Amnesty is not part of Article 72.

Question 71

Is there a specific timeframe for the President to decide on pardons?

Answer 71

No, there is no timeframe given for the President to decide on pardons, nor for the disposal of such pardons.

Question 72

Does the President have discretion in exercising the pardoning power?

Answer 72

No, this power is not discretionary. The President has to act on the advice of the Council of Ministers.

Question 73

Do foreigners have the right to seek pardon?

Answer 73

Yes, foreigners also have the right to seek pardon by virtue of Article 21.

Question 74

When can a death sentence convict submit a mercy petition?

Answer 74

A death sentence convict can submit a mercy petition to the President of India under Article 72 if the Supreme Court either refuses to hear the appeal or upholds the death sentence.

Question 75

What must be done before submitting a mercy petition?

Answer 75

Before submitting a mercy petition, a death sentence by a sessions court must be confirmed by the High Court, and the convict may also choose to appeal to the Supreme Court.

Question 76

What grounds can be stated in a mercy petition?

Answer 76

In a mercy petition, the person concerned is required to state the grounds upon which they request the grant of pardon. These grounds may include factors like being the only bread earner of the family, physical fitness, age, harshness of the law, or any mistakes or errors made by the court.

Question 77

Can the grant of pardon by the President be claimed as a right?

Answer 77

No, the Supreme Court in the Kehar Singh v Union of India, 1988 case held that the grant of pardon by the President is an act of grace and cannot be claimed as a matter of right.

Question 78

What role do the stated grounds play in the release of the person by the President?

Answer 78

While the grounds stated in the mercy petition may not have legal value for exonerating the accused person from the offense, they can play an important role in the President’s decision regarding the release of the person.

Question 79

What is the philosophy underlying the pardon power?

Answer 79

The philosophy underlying the pardon power is that it is an act of grace and humanity recognized by civilized countries in the course of law.

Question 80

What is the basis for exercising the pardoning power?

Answer 80

The pardoning power is founded on the consideration of public good and is exercised on the grounds of public welfare, which is the legitimate objective of all punishments.

Question 81

Who has the power to grant pardons, reprieves, and other forms of clemency in a state?

Answer 81

Article 161 provides that the Governor of a State has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense within the executive power of the State.

Question 82

Can the President or Governor exercise the pardoning power on their own?

Answer 82

No, in the Dhananjoy Chatterjee alias Dhana v State of West Bengal, 1994 case, the Supreme Court ruled that the power under Articles 72 and 161 can be exercised by the Central and State Governments, not by the President or Governor on their own.

Question 83

Whose advice binds the Head of the State in exercising the pardoning power?

Answer 83

The advice of the appropriate Government binds the Head of the State (President or Governor) in the exercise of the pardoning power.

Question 84

Can the President and Governor pardon the death sentence?

Answer 84

Yes, the President of India has the power to pardon the death sentence, but the Governor does not have the power to pardon the death sentence.

Question 85

Can the President and Governor pardon in cases of court-martial?

Answer 85

Yes, the President has the power to pardon in cases of court-martial, while the Governor does not have the power to pardon in court-martial cases.

Question 86

What is the jurisdiction of the President and Governor in exercising their judicial powers?

Answer 86

The President exercises judicial powers for punishments under laws made by the Union, while the Governor exercises judicial powers for punishments under laws made by the State.

Question 87

When can a convict file a mercy petition?

Answer 87

A convict under the sentence of death can file a mercy petition within seven days after the dismissal of their appeal or special leave to appeal by the Supreme Court.

Question 88

To whom should the mercy petitions be presented?

Answer 88

The mercy petitions are to be presented to the President of India.

Question 89

What is the procedure followed after receiving the mercy petition?

Answer 89

The President’s office seeks advice from the cabinet, and the appeal is examined by the Ministry of Home Affairs and the Ministry. Recommendations are then given to the President, taking into consideration the views of the concerned state.

Question 90

Is there a written procedure to deal with mercy petitions?

Answer 90

No, there is no written procedure specified for dealing with mercy petitions.

Question 91

What is the success rate of a review petition?

Answer 91

The chances of success from a review petition are very low, as it goes to the same panel of judges that heard the case previously.

Question 92

How successful are curative petitions?

Answer 92

The success rate of curative petitions is very low, with only two successful cases so far. However, this does not discourage convicts from utilizing this option.

Question 93

What are the chances of convicts receiving mercy from the President?

Answer 93

The chances of convicts receiving any mercy from the President are very bleak. In high-profile cases like the Nirbhaya case, where public sentiment favors the death penalty, the likelihood of mercy is extremely low.

Question 94

When can a curative petition be filed?

Answer 94

A curative petition can be filed after a review plea against the final conviction is dismissed.

Question 95

What is the purpose of a curative petition?

Answer 95

The purpose of a curative petition is to ensure there is no miscarriage of justice and to prevent abuse of the legal process.

Question 96

How is a curative petition usually decided?

Answer 96

A curative petition is usually decided by judges in the chamber, unless there is a specific request for an open-court hearing.

Question 97

What principles are considered in deciding a curative petition?

Answer 97

Every curative petition is decided based on the principles laid down by the Supreme Court in the Rupa Ashok Hurra Vs Ashok Hurra and another, 2002 Case.

Question 98

What was the significance of the Rupa Ashok Hurra case?

Answer 98

The Rupa Ashok Hurra case established the principle that technical difficulties and concerns about reopening cases should not hinder the correction of errors in a judgment that may impact the administration of justice.

Question 99

Which authority handles review and curative petitions?

Answer 99

Review and curative petitions are handled by the Supreme Court.

Question 100

Which authority handles mercy petitions?

Answer 100

Mercy petitions are handled by the President.

Question 101

What does the term “remission” refer to in the context of a sentence?

Answer 101

The term “remission” refers to a reduction in the duration of a sentence while keeping the nature of the sentence unchanged.

Question 102

How is the remission system defined?

Answer 102

The remission system is defined under the Prison Act of 1894 as a set of rules that regulate the award of marks and the consequent shortening of the sentence for prisoners in jail.

Question 103

What is the basis for granting remission?

Answer 103

Remission is granted as an act of mercy based on the prisoner’s good conduct and the duration of their imprisonment.

Question 104

Who grants remission?

Answer 104

Remission is granted by the executive authority.

Question 105

Can remission be demanded as a right?

Answer 105

No, remission is not a right that can be demanded. It is an act of mercy and discretion.

Question 106

What are the rules for granting remission?

Answer 106

The rules for granting remission include being informed, fair, and reasonable, without being arbitrary. The nature of the crime should not be undermined.

Question 107

What considerations were laid down by the Supreme Court in the case of Laxman Naskar vs Union of India (2000)?

Answer 107

In the aforementioned case, the Supreme Court laid down five considerations for granting remission:

*Whether the offense is an individual act of crime that does not affect society.
*Whether there is a chance of the crime being repeated in the future.
*Whether the convict has lost the potentiality to commit a crime.
*Whether keeping the convict in prison serves any purpose.
*Socio-economic conditions of the convict’s family.

Question 108

What is the importance of informed, fair, and reasonable remission?

Answer 108

Informed, fair, and reasonable remission ensures that the process is just and equitable, considering the circumstances of the crime and the convict’s potential for rehabilitation.

Question 109

What should remission not undermine?

Answer 109

Remission should not undermine the nature of the crime committed, emphasizing the seriousness and consequences of the offense.

Question 110

What is the role of socio-economic conditions in granting remission?

Answer 110

Socio-economic conditions of the convict’s family are taken into consideration as a factor in determining whether granting remission would be in the best interest of the convict and their dependents.

Question 111

Who has the power to grant pardons, reprieves, respites, or remissions of punishment according to the Constitution?

Answer 111

According to the Constitution, the President (under Article 72) and the Governor (under Article 161) have the power to grant pardons, reprieves, respites, or remissions of punishment.

Question 112

In which cases can the President grant pardons, reprieves, or remissions of punishment?

Answer 112

The President can grant pardons, reprieves, or remissions of punishment in cases of court-martial offenses, offenses under laws related to the Union government’s executive power, and cases of death sentences.

Question 113

What is the jurisdiction of the Governor in granting pardons, reprieves, or remissions of punishment?

Answer 113

The Governor can grant pardons, reprieves, or remissions of punishment in cases where the offense falls under the State’s executive power.

Question 114

What is the difference between the pardoning power of the President and the Governor?

Answer 114

The difference is that the Governor does not have the power to grant pardon in cases of death sentences, while the President does.

Question 115

Is the President’s power to grant pardons absolute?

Answer 115

No, the power of the President to grant pardons depends on consultation with the council of ministers.

Question 116

Is there any provision in the Constitution to check the legality of the President’s and Governor’s decisions in exercising their mercy power?

Answer 116

No, the Constitution does not provide a mechanism to check the legality of the President’s and Governor’s decisions. However, there is a small leeway for judicial review to rule out arbitrariness, as seen in the case of Epuru Sudhakar vs the State of Andhra Pradesh.

Question 117

What practical process is followed for the exercise of the mercy power by the President and the Governor?

Answer 117

While not present in the Constitution, the exercise of the mercy power by the President and the Governor follows a practical process, which includes consultation and consideration of the case.

Question 118

What is the provision under Section 416 of the CrPC regarding remission?

Answer 118

Under Section 416 of the CrPC, if a pregnant woman is sentenced, the High Court can postpone the sentence or commute it to life imprisonment.

Question 119

What are the powers granted to the “appropriate government” under Section 432 of the CrPC?

Answer 119

Under Section 432 of the CrPC, the appropriate government has the power to suspend or remit a sentence, either in whole or in part, with or without conditions.

Question 120

Can any sentence be commuted to a lesser one according to the CrPC?

Answer 120

Yes, under Section 433 of the CrPC, any sentence can be commuted to a lesser one by the appropriate government.

Question 121

What does Section 433A of the CrPC state?

Answer 121

Section 433A states that a person convicted of an offense punishable by life imprisonment or whose death sentence has been commuted to life imprisonment shall not be released from prison unless they have served at least fourteen years of imprisonment.

Question 122

Can the Governor’s power to pardon override Section 433A of the CrPC?

Answer 122

Yes, according to the Supreme Court, the Governor’s power to pardon prisoners can override Section 433A of the CrPC, allowing for the release of prisoners before completing fourteen years of imprisonment.

Question 123

Under Section 434 of the CrPC, who can exercise the powers granted under Sections 432 and 433 in the case of a death sentence?

Answer 123

Under Section 434 of the CrPC, the Central government can exercise the powers granted to the State government under Sections 432 and 433 in the case of a death sentence.

Question 124

What is the provision under Section 54 of the Indian Penal Code regarding commutation?

Answer 124

Under Section 54 of the Indian Penal Code, the appropriate government has the power to commute a death sentence to any other punishment provided under the Code.

Question 125

Can the government exercise powers under Section 55 of the Indian Penal Code on its own initiative?

Answer 125

Yes, the government can exercise the powers under Section 55 of the Indian Penal Code on its own initiative, without any application from the accused.

Question 126

Who advises the President/Governor in the case of constitutional remission?

Answer 126

The respective governments advise the President/Governor to suspend, remit or commute sentences under Article 72 and Article 161.

Question 127

How does the government act in the case of statutory remission under the CrPC?

Answer 127

Under the CrPC (Section 432), the government acts on its own without external advice.

Question 128

According to the Supreme Court, are constitutional remission and statutory remission the same?

Answer 128

No, the Supreme Court has clarified that constitutional remission and statutory remission are different sources of power.

Question 129

What did the Supreme Court state in the Maru and vs Union of India (1980) case?

Answer 129

In the Maru and vs Union of India case, the Supreme Court declared that Section 432 and Section 433 of the CrPC are not a manifestation of Articles 72 and 161 of the Constitution but a separate, though similar, power.

Question 130

What is special remission?

Answer 130

Special remission refers to the grant of remission to prisoners as a commemoration of a specific occasion or event. In this case, the Ministry of Home Affairs issued guidelines for the grant of special remission to prisoners to mark the 75th year of Independence.

Question 131

How will the release of prisoners under special remission be conducted?

Answer 131

The release of prisoners under special remission will be conducted in three phases, as outlined in the guidelines issued by the Ministry of Home Affairs.

Question 132

Who are the eligible prisoners for special remission?

Answer 132

Women and transgender convicts aged 50 and above, and male convicts aged 60 years and above.

Question 133

What is the requirement for eligible convicts in terms of their sentence completion?

Answer 133

Eligible convicts must have completed 50% of their total sentence period, excluding the period of general remission earned.

Question 134

Are physically challenged or disabled convicts eligible for special remission?

Answer 134

Yes, physically challenged or disabled convicts with 70% disability or more are eligible if they have completed 50% of their total sentence period.

Question 135

Which category of convicts qualifies for special remission if they are terminally ill?

Answer 135

Terminally ill convicted prisoners who have completed two-thirds (66%) of their total sentence are eligible for special remission.

Question 136

Are there any other criteria for special remission?

Answer 136

The given text does not mention any additional criteria for special remission.

Question 137

Who has the authority over prisons?

Answer 137

Prison is a state subject, meaning state governments have authority over prisons.

Question 138

What determines the number of days of remission earned by prisoners?

Answer 138

State governments have established behavior or activities that can earn prisoners a certain number of days as remission, which is then deducted from their sentence.

Question 139

What is the basis for the remission system in India?

Answer 139

The remission system is enshrined in the Prisons Act of 1894 and rules developed by different states.

Question 140

How were the convicts in the Bilkis Bano case released?

Answer 140

The convicts were released under an outdated remission policy of the Gujarat government.

Question 141

Are there any restrictions on the premature release of rape convicts or those sentenced to life imprisonment?

Answer 141

Yes, the current laws at both the central and state level have restrictions on the premature release of those convicted of rape or sentenced to life imprisonment.

Question 142

What did the Supreme Court state regarding the consideration of remission requests?

Answer 142

The Supreme Court, in the State of Haryana v. Jagdish (2010), stated that a request for remission should be considered based on the policy in effect at the time of conviction.

Question 143

How does the seriousness of the offense affect eligibility for remission?

Answer 143

The seriousness of the offense for which one is convicted should be taken into account while deciding their eligibility for remission, as indicated by the Supreme Court in the Swamy Shraddananda Case (2008).

Question 144

Can the benefit of remission be denied to those convicted of offenses against women?

Answer 144

Yes, according to the Supreme Court’s ruling in the Sanaboina Satyanarayana v. Government of Andhra Pradesh (2003) case, the benefit of remission can be denied to those convicted of offenses against women.

Question 145

What is the underlying principle behind the concept of remission?

Answer 145

Remission is based on the idea of reformative justice, which focuses on the reform and rehabilitation of individuals within the criminal justice system.

Question 146

What is the significance of remission in the reformative system?

Answer 146

Remission plays an important role in the reformative system, as it aligns with the idea that the purpose of justice should be to reform individuals.

Question 147

How has the Supreme Court recognized remission?

Answer 147

The Supreme Court has recognized remission as an inherent part of a prisoner’s right to life, as observed in the Kehar Singh vs. Union of India (1989) case.

Question 148

What is the aim of remission in the justice system?

Answer 148

Remission aligns with the restorative and rehabilitative aspect of justice, aiming for a civilized society.

Question 149

Why is remission considered in accordance with the Principles of Natural Justice?

Answer 149

Remission is considered in accordance with the Principles of Natural Justice, which include the right to a fair trial.

Question 150

Can courts deny prisoners the benefit of remission?

Answer 150

No, according to the Supreme Court’s observation in the Kehar Singh vs. Union of India (1989) case, courts cannot deny prisoners the benefit to be considered for the remission of sentence.

Question 151

What does Article 142 provide to the Supreme Court?

Answer 151

Article 142 provides discretionary power to the Supreme Court, allowing it to pass decrees or make orders necessary for doing complete justice in any cause or matter pending before it.

Question 152

Can Governors pardon prisoners, including those on death row?

Answer 152

Yes, according to the Supreme Court, Governors have the power to pardon prisoners, including those on death row.

Question 153

Is there an absolute legal right to furlough?

Answer 153

No, there is no absolute legal right to furlough, as established by the Supreme Court when rejecting the furlough request of rape-convicted Godman Narayan Sai.

Question 154

What principles did the Supreme Court formulate regarding bail, parole, and furlough?

Answer 154

While deciding the matter, the Supreme Court formulated certain broad principles governing bail, parole, and furlough.

Question 155

What is the difference between furlough and parole?

Answer 155

Furlough and parole both involve temporary release from custody, but parole is granted for a specific exigency, while furlough may be granted after a certain period of imprisonment without any specific reason.

Question 156

What is the purpose of granting furlough?

Answer 156

The grant of furlough aims to break the monotony of imprisonment, enable the convict to maintain continuity with family life, and integrate with society.

Question 157

Does a prisoner have an absolute legal right to claim furlough?

Answer 157

No, although furlough can be claimed without a reason, a prisoner does not have an absolute legal right to claim furlough. It must be balanced against public interest and can be refused to certain categories of prisoners.

Question 158

What interests need to be balanced while granting parole or furlough?

Answer 158

While granting parole or furlough, the interests of reforming the convict and the public purpose and interests of society need to be balanced.

Question 159

What do the Bombay Furlough and Parole Rules state regarding the release on furlough?

Answer 159

The Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough. The grant of furlough is regulated by eligibility criteria (Rule 3) and limitations (Rule 4).

Question 160

What does Rule 17 of the Bombay Furlough and Parole Rules state?

Answer 160

Rule 17 states that the Rules do not confer a legal right on a prisoner to claim release on furlough.

Question 161

What negative opinion did the Jail Superintendent give in the case of Narayan Sai?

Answer 161

The Jail Superintendent gave a negative opinion based on the fact that Narayan Sai kept a mobile phone inside the jail illegally and attempted to make contact with the outside world.

Question 162

What is parole?

Answer 162

Parole is a system of releasing a prisoner with the suspension of the sentence, subject to certain conditions and periodic reporting to the authorities.

Question 163

What is the purpose of parole?

Answer 163

Parole is considered a reformative process and aims to humanize the prison system.

Question 164

Which sentences are typically eligible for parole in the United States and Britain?

Answer 164

In the United States and Britain, every sentence above 18 months is eligible for parole after completing one-third of the prison time.

Question 165

Are prisoners convicted of multiple murders eligible for parole?

Answer 165

No, prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.

Question 166

Who has the authority to grant parole?

Answer 166

Parole is granted by the State executive, and the competent authority takes a final decision based on humanitarian considerations.

Question 167

Can a convict challenge the rejection of their parole plea?

Answer 167

Yes, if a plea for parole is rejected, the convict can move the High Court to challenge the order of the competent authority.

Question 168

Can parole be granted in emergencies?

Answer 168

Yes, the superintendent of jail can grant parole for up to a period of seven days in emergencies.

Question 169

What are the parole rules in Rajasthan?

Answer 169

In Rajasthan, initial parole is granted for 20 days, a second parole is for 30 days, and a third for 40 days. Afterward, the prisoner can apply for permanent parole.

Question 170

Under which jurisdiction do prisons fall in the Constitution?

Answer 170

Prisons are a State subject in the Constitution, and each state government defines the rules under which parole is granted in that state.

Question 171

Can parole be granted on medical grounds?

Answer 171

Yes, parole can be granted on medical grounds, as seen in the case of actor Sanjay Dutt.

Question 172

How is furlough different from parole?

Answer 172

Furlough is a concept similar to parole but with some significant differences.

Question 173

In which cases is furlough given?

Answer 173

Furlough is given in cases of long-term imprisonment.

Question 174

How is the period of furlough treated in relation to the prisoner’s sentence?

Answer 174

The period of furlough granted to the prisoner is treated as the remission of his sentence.

Question 175

Is furlough considered a right for prisoners?

Answer 175

Yes, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason.

Question 176

What is the purpose of granting furlough?

Answer 176

The purpose of granting furlough is to enable the prisoner to retain family and social ties and counter the ill effects of prolonged time spent in prison.

Question 177

How is parole different from furlough?

Answer 177

Parole is not seen as a matter of right, unlike furlough.

Question 178

Why is parole granted to a prisoner?

Answer 178

Parole is granted to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.

Question 179

Can parole be denied to a prisoner even if they have a valid case?

Answer 179

Yes, parole may be denied to a prisoner if the competent authority determines that releasing the convict would not be in the interest of society.

Question 180

Are convicts sentenced to death eligible for parole?

Answer 180

Parole is often not granted to convicts sentenced to death.

Question 181

Who determines whether parole will be granted or denied?

Answer 181

The decision to grant or deny parole is typically made by the competent authority or jail authorities based on various factors, including the likelihood of the convict fleeing upon release.