The State Said The Newer Policy Applied. The Constitution Said Otherwise.
One policy sends the papers to the Governor under Article 161. The other sends them to the Chief Minister under Section 432. The Supreme Court held that the second cannot displace the first.
The Supreme Court held that the 2002 policy was framed under Article 161 of the Constitution, under which the papers go to the Governor, while the 2008 policy operates under Section 432 CrPC, under which they go to the Chief Minister. A statutory policy cannot override the exercise of a power under Article 161, which is distinct, independent and uninfluenced by any statutory power. The 2008 policy's claim to supersede the 2002 policy is untenable in law, so the 2002 policy continues to have effect and the appellant is entitled to the benefit of the shorter period served.
- Read the policy to find the source of the power. Where the papers go — Governor or Chief Minister — tells you whether it is constitutional or statutory.
- Article 161 is not displaced by statute. A policy framed under it survives a later policy framed under Section 432 CrPC.
- The eligibility period follows the policy. Under the 2002 policy the appellant qualified on 14 years of actual imprisonment; under the 2008 policy he faced 20 years actual and 25 years total.
- The conflict of precedent was resolved by strength. Jagdish, a three-judge bench, prevails over Raj Kumar, a two-judge bench.
- Court
- Supreme Court of India
- Bench
- Justice N Kotiswar Singh, Justice Sanjay Karol
- Citation
- 2026 INSC 667
- Reported
- [2026] 7 S.C.R. 554
- Case
- CRIMINAL APPEAL/3093/2026
- Decided
- 30 June 2026
- Outcome
- Appeal allowed
What happened
The appellant was convicted in January 2009 of the murder of a twelve-year-old child and sentenced to life imprisonment. In May 2022, having served fourteen years of actual imprisonment, he sought release under the 2002 policy.
The representation was rejected on two grounds: that he was governed by the 2008 policy rather than the 2002 policy, and that measured against the 2008 policy he had served only 13 years, 7 months and 16 days of actual imprisonment against a requirement of twenty years actual and twenty-five years total.
The distinction that decided it
The Court looked at where each policy sends the file. The 2000 and 2002 policies state that the papers are to be placed before the Governor for orders under Article 161 of the Constitution. The 2008 policy states that they shall be put up before the Chief Minister for orders under Section 432 CrPC.
That difference is not administrative. It marks the constitutional ambit of the earlier policies and the statutory ambit of the later one. The power under Article 161 is distinct and independent, and is not to be influenced by any other power, least of all a statutory one.
It followed that the 2008 policy could not deter the effect of the 2002 policy, and that its statement that it supersedes the earlier policy is untenable in law. The 2002 policy still has effect for this appellant, who therefore gets the benefit of the lesser period served.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Which remission policy applies to a life convict?
The one in force that is traceable to Article 161 is not displaced by a later statutory policy. Here the 2002 policy continued to apply despite the 2008 policy claiming to supersede it.
Why does it matter whether the Governor or the Chief Minister decides?
Because it identifies the source of the power. Article 161 is a constitutional power exercised by the Governor; Section 432 CrPC is a statutory power. The statutory cannot override the constitutional.
How much time had to be served?
Under the 2002 policy, fourteen years of actual imprisonment. Under the 2008 policy, twenty years actual and twenty-five years total.
Advancing a premature release claim
- Read each policy for the authority it names. Governor and Article 161 means constitutional; Chief Minister and Section 432 means statutory.
- Do not accept a supersession clause at face value. A statutory policy saying it supersedes a constitutional one does not make it so.
- Compute eligibility under every policy that could apply, and claim the one that is more favourable.
- Where two benches conflict, check the strength. A three-judge bench prevails over a two-judge bench.
Authorities the Court relied on
- , (2010) 4 SCC 216 — Three-judge bench; its holding operates and the convict takes the benefit of the lesser time served.
- , (2021) 9 SCC 292 — Two-judge bench, in conflict with Jagdish and yielding to it.
Source. Supreme Court of India, 2026 INSC 667, [2026] 7 S.C.R. 554, CRIMINAL APPEAL/3093/2026, decided 30 June 2026 by Justice N Kotiswar Singh, Justice Sanjay Karol. This explainer is written from the judgment text as reported.
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