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Consider the following statements with reference to death penalty and mercy petition:
1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of India
upheld the constitutional validity of the death penalty.
2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.
Which of the statements given above is/are not correct?
1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of India
upheld the constitutional validity of the death penalty.
2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.
Which of the statements given above is/are not correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements with reference to death penalty and ...
- Death penalty or capital punishment can be defined as a practice sanctioned by law whereby a person is put to death by the state as a punishment for a crime after a proper legal trial’.
- India is among the few countries that retain capital punishment under different laws for serious offences- beyond the Law Commission recommendations.
- In 1980, in Bachan Singh vs. State of Punjab, SC Judges upheld the constitutional validity of the death penalty due to built-in reasonable procedural safeguards and its procedure which is neither arbitrary nor gives excessive discretion to judges. Hence statement 1 is correct.
- As per law, no death sentence imposed by a trial court can be executed unless the punishment is confirmed by the High Court too and the Code of Criminal Procedure (CrPC) of 1973 requires trial courts to refer every judgment related to the imposition of capital punishment to the jurisdictional High Court for confirmation.
- In 1975, three persons sentenced to death for the same crime ended up suffering different punishments because separate legal processes had been followed for each convict. Shocked by the inconsistency that resulted in one convict being hanged while another had his sentence commuted, and in order to ensure that this does not happen again, the Supreme Court directed that convicts in the same crime must be executed together.
- For a person convicted by courts, a mercy plea is the last constitutional resort, provided under Article 72 (President), and Article 161 (Governor). Neither the term 'mercy petition' has been mentioned in Article 72 nor explained anywhere in the Indian Constitution. There is no statutory written procedure for dealing with mercy petitions, but in practice, after extinguishing all the reliefs in the court of law, either the convict in person or his relative on his behalf may submit a written petition to the President.
- The petitions are received by the President’s secretariat on behalf of the President, which is then forwarded to the Ministry of Home Affairs for their comments and recommendations. Hence statement 2 is not correct.
- Issues with Mercy Petition:
- No fixed timeframe to act on the mercy plea leading to long delays.
- Law Commission has highlighted certain Presidents who put brakes on the disposal of the Mercy Petition.
- Lack of transparency as there is no compulsion to share reasons for rejection or acceptance of a mercy plea, but it is subjected to Limited Judicial Review (Epuru Sudhakar & Anr. v. Government of Andhra Pradesh case, 2006).
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Consider the following statements with reference to death penalty and ...
Incorrect Statement Explanation:
Statement 1:
- The statement is incorrect as in the Bachan Singh vs. State of Punjab case in 1980, the Supreme Court of India did uphold the constitutional validity of the death penalty.
Statement 2:
- The statement is incorrect as Article 72 of the Indian Constitution does not clearly define the procedure related to mercy petitions against death penalties. The procedure related to mercy petitions against death penalties is actually defined in Article 72 and Article 161 of the Indian Constitution. Article 72 deals with the power of 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. On the other hand, Article 161 deals with the power of the Governor of a state to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against a law relating to a matter to which the executive power of the state extends.
Therefore, the correct answer is option 'B' - 2 only.
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Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
Question Description
Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. 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 Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. 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 Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with reference to death penalty and mercy petition:1. In 1980, in the Bachan Singh vs. State of Punjab case, the Supreme Court of Indiaupheld the constitutional validity of the death penalty.2. Article 72 of the Indian Constitution clearly defines the procedure related to mercy petitions against death penalties.Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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