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With reference to the Mercy Petition, consider the following statements:
1. As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
2. A convict can present a mercy petition to the President of India under Article 92 of the Constitution of India.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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With reference to the Mercy Petition, consider the following statement...
Understanding the Mercy Petition in India
The mercy petition is an important aspect of the Indian legal system that provides a last constitutional resort for convicts who have been sentenced by the court of law. The President of India has the power to grant mercy or commute the sentence of a convict based on the merits of the case. Let's analyze the given statements in detail:
Statement 1: As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
This statement is correct. The mercy petition is the final legal option available to a convict after he or she has exhausted all the remedies provided under the criminal justice system. Once a convict has been sentenced by the court of law, he or she can approach the President of India with a mercy petition seeking pardon or commutation of the sentence.
Statement 2: A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
This statement is incorrect. The correct article under which a mercy petition can be presented to the President is Article 72, not Article 92. Article 72 of the Indian Constitution empowers the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense. The President exercises this power on the advice of the Council of Ministers.
Conclusion:
In conclusion, statement 1 is correct as the mercy petition is the last constitutional resort available to a convict. However, statement 2 is incorrect as the correct article under which a mercy petition can be presented to the President is Article 72, not Article 92. Therefore, the correct answer is option 'A' - 1 only.
The mercy petition is an important aspect of the Indian legal system that provides a last constitutional resort for convicts who have been sentenced by the court of law. The President of India has the power to grant mercy or commute the sentence of a convict based on the merits of the case. Let's analyze the given statements in detail:
Statement 1: As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
This statement is correct. The mercy petition is the final legal option available to a convict after he or she has exhausted all the remedies provided under the criminal justice system. Once a convict has been sentenced by the court of law, he or she can approach the President of India with a mercy petition seeking pardon or commutation of the sentence.
Statement 2: A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
This statement is incorrect. The correct article under which a mercy petition can be presented to the President is Article 72, not Article 92. Article 72 of the Indian Constitution empowers the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense. The President exercises this power on the advice of the Council of Ministers.
Conclusion:
In conclusion, statement 1 is correct as the mercy petition is the last constitutional resort available to a convict. However, statement 2 is incorrect as the correct article under which a mercy petition can be presented to the President is Article 72, not Article 92. Therefore, the correct answer is option 'A' - 1 only.
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With reference to the Mercy Petition, consider the following statement...
The Supreme Court ordered the Central government to decide on the mercy petition of Balwant Singh Rajoana, sentenced to death for the assassination of Punjab Chief Minister Beant Singh, preferably within two months.
- As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
- A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
- Similarly, the power to grant pardon is conferred upon the Governors of States under Article 161 of the Constitution of 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.
- The recent judgement regarding the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure (Section 433A) which mandates that a prisoner’s sentence can be remitted only after 14 years of jail.
Hence only statement 1 is correct.
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With reference to the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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With reference to the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
With reference to the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 the Mercy Petition, consider the following statements:1. As per the Constitutional framework in India,mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.2. A convict can present a mercy petition to the President of India underArticle 92of the Constitution of India.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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