Constitutional Validity of Capital Punishment

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

 

Constitutional Validity of Capital Punishment-

Tanmoy Mukherjee

Advocate

The death penalty is constitutionally valid in India, but its execution is permitted only in exceptional circumstances and under strict procedural safeguards.

The Supreme Court has repeatedly upheld its constitutionality while narrowing its application.

Article 21 -

No person shall be deprived of his life and personal liberty except according to procedure establish by law.

→ The constitution does not prohibit capital punishment.

→ The test is whether the procedure authorizing execution is fair, just and reasonable.

 Article 14 & Article 19 -

Sentencing discretion must be guided by clear principals.

Article 72 & Article 161 -

Reference Case-

 Due process expansion

 Rarest of Rare Doctrine-

Bachchan Singh vs. State of Punjab, AIR 1980, SC-

Clarification of Rarest of Rare-

Machhi Singh vs. State of Punjab, AIR 1983, SC.

Sentencing must be criminal centric-Sentencing-

Safeguards-

Delay, Mental health and Execution-

Clemency Powers-

 

Ipuru Sudhakar vs. Andhra Pradesh AIR 2006 SC

Clemency decisions are reviewable if –

→Based on malafide

→Irrelevant considerations

→Non-application of mind

→Arbitrariness.

Execution and human dignity-

 

Recent Jurisprudence-

Manoj vs. State of MP AIR 2022 SC-

→Court must call for socio-economic background.

→Mandatory pre-sentencing hearing.

→Courts must call for psychological.

→Courts must call for Probation officers.