A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS

AUTHOR – PARTH NARAYAN SINGH, STUDENT AT UTTARANCHAL UNIVERSITY

BEST CITATION – PARTH NARAYAN SINGH, A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 418-424, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, mercy petitions play a vital role in balancing governance, compassion, and justice by serving as a conduit between the executive and judiciary branches. People facing harsh sentences, including the death penalty, can petition the President of India or the governors of individual states for clemency. As a buffer against possible judicial errors and harsh sentences, the mercy petition process emphasizes human rights and humanitarian considerations; it is based on legislative foundations from the colonial era and has been refined through constitutional changes and judicial interpretations.
Articles 72 and 161 of the Indian Constitution, which provide clemency to the President and Governors, are emphasized in the study, which examines the legal foundation supporting mercy petitions. A decision is made by the President or Governor after the review process has gone through several levels, including recommendations from the judiciary, police, and jail officials.
Significant case studies like Kehar Singh, Dhananjoy Chatterjee, and Devender Pal Singh Bhullar demonstrate how humanitarian, social, political, and legal considerations impact results. These judgments are greatly influenced by public opinion and the media, which represent the ideals of society.
Establishing clear criteria, strengthening documentation and reporting, and maintaining time-bound processes are some recommendations for making the mercy petition process more transparent and equitable. To bring the Indian mercy petition procedure in line with international human rights norms and to improve the delivery of justice, there must be public discussion and legislative changes backed by thorough case study evaluations.