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With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:
1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.
2. A mercy petition can be filed with the President of India and a state governor.
3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.
Which of the statements given above is/are correct?
1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.
2. A mercy petition can be filed with the President of India and a state governor.
3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)1 ,2 and 3
- c)2 and 3 only
- d)1 only
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
With reference to mercy petition filed by a convict facing the death p...
- A convict who is under the sentence of death is allowed to file a mercy petition within a specific period of seven days after the date on which the Superintendent of Jail informs him about the rejection of the appeal or special leave to appeal by the Supreme Court.
- The process begins with filing a mercy petition with the President under Article 72 of the Constitution. The petition is then sent to the Ministry of Home Affairs in the Central Government for inspection. The petition is then discussed by the Home Ministry in deliberation with the concerned State Government. After the deliberation, a suggestion is made by the Home Minister and then the petition is again sent to the President. The advice and suggestions bind the President. Hence statement 3 is not correct.
- The mercy petition can be made to both president and the governor. Hence statement 2 is correct.
- The extent of the pardoning power of the President under Article 72 is broader than the pardoning power of the Governor under Article 161. The power varies in the following two ways: (i) The power of the President to grant pardon expands in the cases where the punishment or sentence is by a Court Martial but Article 161 does not impart any such power to the Governor,
(ii) The President can grant pardon in all the cases where the sentence is given is a sentence of death but the pardoning power of Governor does not stretch to death sentence cases. However, the Governor can commute the death sentence to life imprisonment (In the case of Rajiv Gandhi assassination, the Governor of Tamil Nadu had commuted the death sentence of a convict to life imprisonment).- The mercy petition is however upon the discretion of the president and governor and the convict cannot claim it as a right. The case of Ranga Billa in the Supreme Court was called upon to decide the nature and ambit of the pardoning power of the President of India under Article 72 of the Constitution. In this case, the death sentence of one of the appellants was confirmed by the Supreme Court and mercy petition was also rejected by the President. Then, the appellant filed a writ petition in the Supreme Court challenging the discretion of the President to grant pardon on the ground that no reasons were provided for rejection of his mercy petition. The court rejected the petition and stated that the term “pardon” itself signifies that it is an entirely discretionary remedy and grant and the rejection of it need not be reasoned.
- Hence Option A is correct.
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Most Upvoted Answer
With reference to mercy petition filed by a convict facing the death p...
Statement 1: The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.
This statement is correct. The mercy petition is not a right of the convict but a privilege. It is up to the authority to decide whether to grant mercy or not.
Statement 2: A mercy petition can be filed with the President of India and a state governor.
This statement is correct. In India, a mercy petition can be filed with the President of India or the Governor of the respective state, depending on the jurisdiction under which the case falls.
Statement 3: After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.
This statement is incorrect. After a mercy petition is filed with the President, it is not forwarded to the Ministry of Law and Justice for recommendations. Instead, it is sent to the Ministry of Home Affairs (MHA) for examination and recommendations.
Therefore, the correct answer is option 'A' - 1 and 2 only.
Explanation:
- In India, the death penalty is awarded for certain heinous crimes. However, the Constitution of India provides for the power of the President and the Governor to grant pardons, reprieves, respites, or remissions of punishment. This power is derived from Article 72 (President) and Article 161 (Governor) of the Constitution of India.
- The mercy petition is a plea made by the convict to the President or the Governor seeking mercy and commutation of the death sentence to a lesser punishment.
- The convict does not have a right to claim a mercy petition. It is at the discretion of the authority to which it is made.
- A mercy petition can be filed with either the President of India or the Governor of the respective state, depending on the jurisdiction under which the case falls. For example, if the case falls under the jurisdiction of a state, the mercy petition can be filed with the Governor of that state. If the case falls under the jurisdiction of the central government, the mercy petition can be filed with the President of India.
- After a mercy petition is filed with the President or the Governor, it is examined by the Ministry of Home Affairs (MHA). The MHA examines the case and sends its recommendations to the President or the Governor, as the case may be. The President or the Governor then takes a decision on the mercy petition based on these recommendations.
- The Ministry of Law and Justice is not involved in the process of examining mercy petitions or making recommendations. Its role is primarily related to legal matters and advising the government on legal issues.
This statement is correct. The mercy petition is not a right of the convict but a privilege. It is up to the authority to decide whether to grant mercy or not.
Statement 2: A mercy petition can be filed with the President of India and a state governor.
This statement is correct. In India, a mercy petition can be filed with the President of India or the Governor of the respective state, depending on the jurisdiction under which the case falls.
Statement 3: After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.
This statement is incorrect. After a mercy petition is filed with the President, it is not forwarded to the Ministry of Law and Justice for recommendations. Instead, it is sent to the Ministry of Home Affairs (MHA) for examination and recommendations.
Therefore, the correct answer is option 'A' - 1 and 2 only.
Explanation:
- In India, the death penalty is awarded for certain heinous crimes. However, the Constitution of India provides for the power of the President and the Governor to grant pardons, reprieves, respites, or remissions of punishment. This power is derived from Article 72 (President) and Article 161 (Governor) of the Constitution of India.
- The mercy petition is a plea made by the convict to the President or the Governor seeking mercy and commutation of the death sentence to a lesser punishment.
- The convict does not have a right to claim a mercy petition. It is at the discretion of the authority to which it is made.
- A mercy petition can be filed with either the President of India or the Governor of the respective state, depending on the jurisdiction under which the case falls. For example, if the case falls under the jurisdiction of a state, the mercy petition can be filed with the Governor of that state. If the case falls under the jurisdiction of the central government, the mercy petition can be filed with the President of India.
- After a mercy petition is filed with the President or the Governor, it is examined by the Ministry of Home Affairs (MHA). The MHA examines the case and sends its recommendations to the President or the Governor, as the case may be. The President or the Governor then takes a decision on the mercy petition based on these recommendations.
- The Ministry of Law and Justice is not involved in the process of examining mercy petitions or making recommendations. Its role is primarily related to legal matters and advising the government on legal issues.
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With reference to mercy petition filed by a convict facing the death p...
- A convict who is under the sentence of death is allowed to file a mercy petition within a specific period of seven days after the date on which the Superintendent of Jail informs him about the rejection of the appeal or special leave to appeal by the Supreme Court.
- The process begins with filing a mercy petition with the President under Article 72 of the Constitution. The petition is then sent to the Ministry of Home Affairs in the Central Government for inspection. The petition is then discussed by the Home Ministry in deliberation with the concerned State Government. After the deliberation, a suggestion is made by the Home Minister and then the petition is again sent to the President. The advice and suggestions bind the President. Hence statement 3 is not correct.
- The mercy petition can be made to both president and the governor. Hence statement 2 is correct.
- The extent of the pardoning power of the President under Article 72 is broader than the pardoning power of the Governor under Article 161. The power varies in the following two ways: (i) The power of the President to grant pardon expands in the cases where the punishment or sentence is by a Court Martial but Article 161 does not impart any such power to the Governor,
(ii) The President can grant pardon in all the cases where the sentence is given is a sentence of death but the pardoning power of Governor does not stretch to death sentence cases. However, the Governor can commute the death sentence to life imprisonment (In the case of Rajiv Gandhi assassination, the Governor of Tamil Nadu had commuted the death sentence of a convict to life imprisonment). - The mercy petition is however upon the discretion of the president and governor and the convict cannot claim it as a right. The case of Ranga Billa in the Supreme Court was called upon to decide the nature and ambit of the pardoning power of the President of India under Article 72 of the Constitution. In this case, the death sentence of one of the appellants was confirmed by the Supreme Court and mercy petition was also rejected by the President. Then, the appellant filed a writ petition in the Supreme Court challenging the discretion of the President to grant pardon on the ground that no reasons were provided for rejection of his mercy petition. The court rejected the petition and stated that the term “pardon” itself signifies that it is an entirely discretionary remedy and grant and the rejection of it need not be reasoned. Hence statement 1 is correct.
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With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer?
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With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer?.
With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to mercy petition filed by a convict facing the death penalty in India, consider the following statements:1. The mercy petition cannot be claimed by the convict as his/her right and is at the discretion of the authority to which it is made.2. A mercy petition can be filed with the President of India and a state governor.3. After a mercy petition is filed with the President, it is forwarded to the Ministry of Law and Justice for recommendations.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 ,2 and 3c)2 and 3 onlyd)1 onlyCorrect answer is option 'A'. Can you explain this answer?.
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