Question
Consider the following statements: 1. The
Constitution of India does not explicitly declare capital punishment as unconstitutional. 2. A convict can present a mercy petition to the President of India under Article 123 of the Constitution. 3. The power to grant pardon is conferred upon the Governors of States under Article 161 of the Constitution. How many of the statements given above is/are correct?Solution
 Capital Punishment: o The Constitution of India does not explicitly declare capital punishment as unconstitutional. Hence, statement 1 is correct. o However, the Supreme Court, as outlined in Bachan Singh vs. State of Punjab (1980)identified 5 categories for such cases, including brutal murder, depraved motives, and crimes of significant magnitude where capital punishment is awarded.   Mercy Petition:  o A Mercy Petition is a formal request made by someone who has been sentenced to death or imprisonment seeking mercy from the President or the Governor, as the case may be.  o As per the Constitutional framework in India, a mercy petition to the President is the last constitutional resort a convict can take when a court of law sentences him.  • A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India. Hence, statement 2 is incorrect. o Similarly, the power to grant pardon is conferred upon the Governors of States under Article 161 of the Constitution of India. Hence, statement 3 is correct.Â
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