LexMARU RAM ETC. ETC. versus UNION OF INDIA & ANR.
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1.196 A MARU RAM ETC. ETC. v. UNION OF INDIA & ANR. November 11, 1980 B [Y. v. CHANDRACHUD, C.J., P. N. BHAGWATI, v. R. KRISHNA IYER, c D .S. MURTAZA FAZALALI AND A. D. KOSHAL, JJ.J Prison-Prisoner Le?islatio11 vis-a-vis-Code of Criminal Procedure Code, 1973 (Act ll of 1974)-Section 433A. as introduced with effect from 18th J)ecem- ber, 1978, prescribing a minimum of 14 years' of actual imprisonment for the two types of lifers, vires of--Pardon J11rispmde11ce-EfJects of Sectil1~ 433A 011 Articles 72 and 161-Whetlltr section 433A riolates Article 14 being wh<Jf/y arbitrary and irrational-Whether section 433A lacked legislative competency under the Lists and also comravene .Article 20(1) of the Constitution-Whether the various provisions for ren1issio11s under the Prison Act and Rules and other legislation had their full operation notwithstanding section 433A, thanks to the savings provision in section 5 of the Code of Criminal Procedur~ Code Consti- tution of India, 1950, Articles 14, 20(1), 72, 161, 246(1), (2) and 254, E•1try If. List Ill of the Seventh Schedule, Code of Criminal Procedure, 1973, sections 5, 432, 433, 433A-Prisons Act, .I 894 (Central Act), section 59 (7.7) rear! . with General Clauses Act. Dismissing the writ petitions but partly allowing, the Court HELD: By Iyer, J. (On behalf of Y. V. Chandrachud, CJ., P. N. Bh~gwati, J. and himself) E I. Section· 433A o( the Code of Criminal Procedure Sode as intr0duced with effect from 18-12-1978 i'; constitutionally valid. May be, penologically the prolonged terms prescribed by the Section is supererogative. [1248 C-D] 2. Section 433A is supreme over the Remission Rules and short-sentencing Statutes made by the various Slates. [1248 DJ 3. All remissions and short-sentencing passed under Articles 72 and 161 F of the Constitution are valid but release with follow. in life sentenc·e ca,es. only G H • on Government making an order en masse or individually, in that behalf [1248 D-E] 4. Section 432 and section 433 of the Code are not a manifestation of Arti· cles 72 and 16J of the Constitution but a separate, though similar, power and section 433A, by nullifying wholly or partially these prior provisions does not violate or detract from the full operation of the constitutional power to pard0n, commute and the like. [1248 E-F] 5. Section 433A of the Code does not contravene the provisions of Arti- cle 20(1) of the Constitution. [l 248 G] 6. Imprisonment for life lasts until the la5t breath and whatever the length of remissions earned, the prisoner can claim release only if th~ remainil'g se'1· tence is rnmitted by Government. [1248 G] Gopal Vi11ayak Godse v. State of Maharashtra & Ors., [1961 l 3 S.C.R. 440, reiterated. -J MARU RAM V. UNION OF INDIA 7. Section 433A, in both its limbs (i.e. both types of life imprisonment specified in it), is prospective in effect. The mandatory minimum of 14 years actual imprisonment will not operate against those whose c~ses were decided by trial court before the 18th J)ecember, 1978, directly or retroactively, as ex- plained in the judgment when section 433A came into force. AJJ 'lifers' whose conviction by the court of first instance was entered prior to that date ar~ entitl- ed to consideration by Government for release on the strength of earned remis- sions although a release can take place only if Government makes an order to that effect. It foJJows by the same logic, that short-sentendng legislations if any, will entitle a prisoner to claim release thereunder if his conviction by the .court of first instance was before section 433A: was brought into effect. [1248 H, 1249 A] 8. The power under Articles 72 and 161 of the Constitution can be exer· cised by the Central and the State Governments, not by the President or Gover· nor on their own. The advice of the appropriate Government binds the Head of the State. No separate order for each individual case is necessary but any general order made must be clear enough to identify the group of cases and indicate the application of mind to the whole group. [1249-D] 1197 A B c 9. Considerations for exercise of power under Articles 72/161 may be myriad and their occasions protean, and are left to the appropriate Government, but no consideration nor occasion can be wholly irrelevant, irrational, discrimi· D natory or ma/a fide. Only in these rare cases will the court examine the ·exercise. [1249 D·E
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