Constitutional Remission Under Article 161 Prevails Over Subsequent Statutory Policies

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Case: PARVEEN KUMAR@ PARVEEN CHAUHAN v. STATE OF HARYANA
Court: Supreme Court of India
Date: 01-07-2026
Law: Constitution of India, Code of Criminal Procedure, Indian Penal Code, Prisons Act.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• An analysis of the conflict between constitutional remission under Article 161 and statutory remission under the Code of Criminal Procedure.
• Application of the doctrine of per incuriam to coordinate bench decisions that overlook larger bench precedents.
• The binding authority of larger bench decisions regarding the constitutional nature of the 2002 Haryana Remission Policy.
• The principle of applying the more liberal remission policy to life convicts at the time of consideration.
• The legal distinction between executive guidelines issued under constitutional powers and statutory rules.
• The prospective application of judicial findings to avoid reopening settled remission cases.