THE ROLE OF SUPREME COURT IN SHAPING THE CAPITAL PUNISHMENT JURISPRUDENCE IN INDIA

AUTHOR – HARIOM JAISWAL* & DR. TARU MISHRA**

* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – HARIOM JAISWAL & DR. TARU MISHRA, THE ROLE OF SUPREME COURT IN SHAPING THE CAPITAL PUNISHMENT JURISPRUDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 492-501, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The administration of capital punishment remains a contentious issue within the Indian criminal justice system, often invoking strong arguments on both legal and ethical grounds. The Supreme Court of India, as the final interpreter of the Constitution and the protector of fundamental rights, has played an instrumental role in shaping and refining the legal framework governing the death penalty. This research paper aims to critically examine the judicial trends, constitutional interpretation, and jurisprudential shifts brought about by the Supreme Court in the context of capital punishment.

Through an in-depth analysis of landmark judgments such as Bachan Singh v. State of Punjab, Machhi Singh v. State of Punjab, and Shatrughan Chauhan v. Union of India, the paper traces the development of the “rarest of rare” doctrine and explores how it has been used as a judicial standard to limit the arbitrary imposition of death sentences. The study also highlights the Court’s efforts in evolving procedural safeguards, including the right to legal aid, timely disposal of mercy petitions, and protection against prolonged incarceration under the shadow of death.

Furthermore, the paper evaluates the broader human rights implications and considers whether the current jurisprudence aligns with international legal standards and the reformative goals of criminal law. It seeks to assess whether the Court’s approach has sufficiently addressed the socio-economic and systemic disparities that influence capital sentencing in India. The research ultimately reflects on the need for judicial consistency, legislative clarity, and a potential re-evaluation of the death penalty’s role in a modern constitutional democracy.

Keywords – Capital punishment, Supreme Court of India, rarest of rare doctrine, constitutional safeguards, death penalty jurisprudence, criminal justice, human rights, judicial discretion, fundamental rights, legal reform.