Mercy petition is a type of petition which can be filed by an accused to the President asking him to change his order of capital punishment into life imprisonment.
Who takes decision mercy petition?
the President
In India, the power to grant pardon is entrusted to the President and the Governors of various states under Article 72 and Article 161 of the Constitution. It adds a human touch to the country’s judicial process by conferring powers to grant pardon or show Mercy to criminals sentenced to death.
How many times mercy petition can be filed?
There is no time limit given in these two Articles of the Constitution of India for Mercy Plea. These Articles have no binding effect on the President and the Governors of the states to accept all the Mercy Petitions.
Who can pardon a sentence of death?
The President
The President in the Union and the Governor in the State can have pardoning powers under Article 72 and 161 of the Constitution respectively. The President can Pardon death sentence and is only authority to do so the Governor cannot pardon death sentence but can suspend, remit or commute a death sentence.
Who can pardon a sentence of death in India?
Previously, the governor cannot pardon the death sentence, which only the Indian President can do. But recently on 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.
What is mercy petition Upsc?
Mercy petition in death sentence cases
If the Supreme Court either refuses to hear the appeal or upholds the death sentence, then the convict or his relative can submit a mercy petition to the President of India (Articles 72) or the Governor of the State (161).
Why is mercy petition important?
Definition of Mercy Petition
It is also mentioned as a fundamental right mentioned under Article 21 of the Indian Constitution. Mercy Petition plays an important role in saving the life of a convict who has been awarded the death or capital punishment under the court and also from the miscarriage of justice.
Can President of India overrule Supreme Court?
Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.
Can President Forgive death penalty?
It was considered as an act of mercy at the hands of the King to forgive any crime, offence, punishment, execution, right, or duty.Article 72(1)(c) provides the President with the power to grant pardons to any person convicted of any offence and also in all cases where the sentence is a sentence of death.
Which qualification is wrong for being a judge in the Supreme Court?
| Q. | Which qualification is wrong for being a Judge in the Supreme Court |
|---|---|
| B. | he should be respected jurist in the eyes of parliament |
| C. | must be a judge in the high court for at least 5 years |
| D. | he should be a lawyer in the high court for at least 10 years |
| Answer» b. he should be respected jurist in the eyes of parliament |
Can the Governor respite the death sentence?
However, the governor has the authority to suspend, remit, or commute a death sentence. He doesn’t have the authority to grant pardon, reprieve, respite, suspension, remission, or commutation of punishment or sentence imposed by a court-martial (military court).
Can Governor grant pardons?
The Governor of a State shall have 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 offence against any law relating to a matter to which the executive power of the State extends.
Can President alone pardon death sentence?
The two Articles in the Constitution can only be reconciled by limiting the power of the Governor to grant pardon to cases not governed by Article 72, If so read, the President alone has the exclusive power to grant pardons, reprieves, respites in all cases where the sentence is sentence of death and both the President
What does Article 72 say?
14 Article 72 says that the President shall have 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 offence.
What is the Article 72?
Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the President of India takes an action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers.
Who has the power of pardon in India?
the President
The clemency power of the President is one of the powers which has been conferred on the executive. Article 72 of the Indian Constitution confers the power of pardon on the President and Article 161 gives the same power to the Governor. The power of clemency has been exercised for centuries.
What is mercy petition in India?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is curative petition and mercy petition?
The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
What is the Article 137?
Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it.
How mercy petition is filed?
To seek a mercy petition, the death sentence by the Session Court must be confirmed by the High Court.In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution.
Is mercy petition subject to judicial review?
It was subsequently confirmed by Kehar Singh v. Union of India [1988]. In the case of Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors [2006] , Supreme Court, it was held that clemency is subject to judicial review and that it cannot be dispensed as a privilege or act of grace.
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