The President’s rejection of a mercy petition underscores executive clemency under Articles 72 and 161 as a safeguard against judicial error. Exercised on ministerial advice, it remains reviewable. Supreme Court rulings curb arbitrariness and delay. Transparency gaps and political influence demand timelines and clear guidelines.
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Picture Courtesy: THEHINDU
President Droupadi Murmu has rejected the mercy petition of Ravi Ashok Ghumare, who was convicted of kidnapping, raping and killing a two-year-old girl in Maharashtra in 2012.
A Mercy Petition is the final constitutional remedy available to a convict after all judicial remedies have been exhausted.
It is a formal request made to the head of the state (President or Governor) to grant clemency, acting as a fail-safe mechanism against judicial errors and providing a humane approach to justice.
Constitutional Basis for Clemency Powers
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President of India (Article 72) |
Governor of a State (Article 161) |
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Scope of Power |
Extends to offences against Union Laws. |
Extends only to offences against State Laws. |
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Court-Martial Cases |
Can grant pardon in cases of punishment by a military court (Court-Martial). |
Has no power in Court-Martial cases. |
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Death Sentence |
Holds the exclusive power to pardon a death sentence. |
Cannot pardon a death sentence but can suspend, remit, or commute it. |
Pardon: Completely absolves the convict from all sentences, punishments, and disqualifications. It restores the person to their original, innocent position.
Commutation: Substitutes one form of punishment for a lighter form. For example, a death sentence may be commuted to imprisonment.
Remission: Reduces the duration of a sentence without changing its character. For example, a sentence of 10 years may be remitted to 5 years.
Respite: Involves awarding a lesser sentence in place of the one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
Reprieve: Implies a temporary stay of execution of a sentence (especially a death sentence), allowing the convict time to seek a pardon or commutation.
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Constitutional Philosophy Behind Pardoning Powers
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The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC), has codified and streamlined the process for mercy petitions, under Section 472.
Filing Deadline: A mercy petition for a death sentence must be filed within 30 days of the Supreme Court dismissing the appeal or the High Court confirming the sentence without an appeal.
Role of Government: Upon receiving the petition, the Ministry of Home Affairs (on behalf of the Central Government) will seek comments from the concerned State Government and examine the case records.
Time-Bound Recommendation: The Ministry of Home Affairs must submit its recommendation to the President within 60 days of receiving the state's comments.
President's Decision & Communication: While no time limit is prescribed for the President's decision, once a decision is made, the Central Government must communicate it to the jail authorities within 48 hours.
Finality of Decision: Section 472(7) of the BNSS states that the President's decision on a mercy petition shall be final, and no appeal shall lie in any court against the order.
While the President's decision is final, the Supreme Court allows judicial review only for procedural aspects, not the decision's merits.
Maru Ram vs Union of India (1980): The Court clarified that this power, exercised by the President or Governor on the aid and advice of the Council of Ministers, is an executive function, not a personal one.
Kehar Singh vs Union of India (1989): The Court ruled that the President's pardon is an act of grace, not a right. Judicial review is allowed only on limited grounds, such as if the decision is arbitrary, irrational, mala fide, or discriminatory.
Epuru Sudhakar vs Government of Andhra Pradesh (2006): The Supreme Court ruled that pardoning power is subject to judicial review and cannot be based on extraneous factors such as political reasons, caste, or religion.
The mercy petition, a constitutional safety valve, is balanced by the grace of clemency. The new BNSS, 2023 provisions aim for a structured, time-bound process, with limited judicial review to ensure fairness under the Constitution.
Source: THEHINDU
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PRACTICE QUESTION Q. The constitutional power to grant 'Respite' means: a) Reducing the period of a sentence without changing its character. b) Substituting a harsher form of punishment with a lighter one. c) Awarding a lesser sentence due to a special fact. d) A temporary stay on the execution of a sentence. Answer: C Explanation: 'Respite' is a constitutional power granted to the President of India under Article 72 and the Governors of States under Article 161 to award a lesser sentence in place of one originally awarded due to some special facts or humanitarian grounds, like the physical disability of a convict or the pregnancy of a woman offender. |
A mercy petition is the last constitutional remedy available to a convict after all judicial remedies, including appeals to the Supreme Court and curative petitions, have been exhausted. It is a formal request for clemency made to the President of India (under Article 72) or the Governor of a state (under Article 161).
While the merits of the decision are generally not subject to judicial scrutiny, the Supreme Court in Epuru Sudhakar vs Government of Andhra Pradesh (2006) ruled that the process can be challenged. The court can review the decision if it is found to be mala fide, arbitrary, based on extraneous political considerations, or passed without the application of mind.
The President's power under Article 72 is wider. Two key differences are:
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