Mercy Petition

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Why in News?

The President of India, Droupadi Murmu, rejected the mercy petition of a death-row convict in a case involving rape and murder of a two-year-old girl in Maharashtra (2012), reaffirming the constitutional process governing clemency powers (mercy powers).

Description:

Constitutional Basis of Presidential Clemency:

Article 72 of the Constitution:

The President has the power to grant:

  • Pardon – completely absolves punishment and conviction
  • Reprieve – temporary suspension of sentence
  • Respite – lesser punishment due to special circumstances (e.g., pregnancy)
  • Remission – reduction of sentence without altering its character
  • Commutation – substitution of one form of punishment with another

Scope of Article 72:

  • Applies to:
    • Cases involving death sentence
    • Punishment by court martial
    • Offences under Union law
  • In death sentence cases, the President’s power is exclusive and not shared with Governors.
  • President decides on aid and advice of the Council of Ministers (Article 74).
  • The President cannot act independently or contrary to ministerial advice.

Epuru Sudhakar v. Government of A.P. (2006):

  • Clemency decisions subject to limited judicial review on grounds of:
  • Mala fide
  • Arbitrariness
  • Irrelevant considerations

Why Mercy Powers Exist:

  • Humanitarian considerations
  • Correction of possible judicial errors
  • Consideration of post-conviction circumstances
  • Final constitutional safeguard against miscarriage of justice

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