MERCY PETITION

NEWS: The Union Government opposed Balwant Singh Rajoana’s plea to commute his death sentence, despite the mercy petition pending since 2012.

ABOUT MERCY PETITION

  • Formal plea to the President or Governor seeking executive clemency after judicial remedies.
  • Aim → reduce or remove punishment through constitutional powers.

FORMS OF CLEMENCY

  • Pardon → removes punishment and its legal consequences.
  • Commutation → substitutes a lighter form of punishment.
  • Remission → reduces the period of sentence without changing its character.
  • Respite → lesser sentence due to special circumstances.
  • Reprieve → temporary stay of execution.

CONSTITUTIONAL PROVISIONS

  • Article 72 → President can grant clemency for Union-law offences, court-martial cases + all death sentences.
  • Article 161 → Governor can grant clemency for offences within State executive power; can suspend, remit or commute death sentences, but cannot pardon them.
  • President exercises clemency on the aid and advice of the Union Council of Ministers.

LEGAL PRINCIPLES

  • Maru Ram v. Union of India (1980) → President’s clemency power exercised on ministerial advice.
  • Shatrughan Chauhan v. Union of India (2014) → undue delay in deciding mercy petitions may violate Article 21 and justify commutation of a death sentence.
  • Epuru Sudhakar v. State of Andhra Pradesh (2006) → clemency orders are subject to limited judicial review for arbitrariness, mala fides + non-application of mind.
  • No fundamental right to an oral hearing before the President.

KEY ISSUES

  • Prolonged delay → mental suffering + death-row uncertainty.
  • No fixed constitutional deadline for the President’s decision.
  • Need for timely decisions + transparent procedures, consistent with constitutional safeguards