What is a Mercy Petition?
Mercy Petition – Meaning
A Mercy Petition is a plea made to the President of India or the Governor of a State for granting clemency or pardon to a person who has been convicted and sentenced, especially in capital punishment cases.
It is an extraordinary remedy available after all judicial remedies are exhausted.
The objective is to grant leniency, reduce punishment, or commute a death sentence in the interest of justice, humanity, or social considerations.
It is not a judicial remedy, but an executive power under the Constitution.
Constitutional Provisions
Article 72 – Power of the President:
The President has the power to grant pardon, reprieve, respite, or remission of punishment for offenses under:
Indian law
Court-martial
Offenses against federal law
Article 161 – Power of the Governor:
The Governor of a State can grant pardon, reprieve, respite, or remission of punishment for offenses under state law.
Types of Mercy
Pardon: Complete forgiveness; conviction is erased.
Commutation: Reduction of the severity of punishment (e.g., death sentence to life imprisonment).
Remission: Reduction in the period of imprisonment or fine.
Respite: Temporary relief or postponement of punishment.
Reprieve: Temporary suspension of the sentence to allow appeal or further review.
Procedure
Filing: The convict or someone on their behalf submits the mercy petition to the President (Article 72) or Governor (Article 161).
Recommendation: In case of the President, the Central Government (Ministry of Home Affairs) forwards recommendations.
Decision: The President or Governor exercises discretionary power, usually after reviewing the circumstances, conduct of the convict, and social impact.
Execution: Once the petition is accepted, the punishment may be commuted, remitted, or pardoned.
Judicial Review
Mercy petitions are executive powers, but the Supreme Court has held that their exercise is subject to judicial review, particularly to ensure:
No arbitrariness
Compliance with constitutional principles
Protection of fundamental rights
Key Case Laws
Raja Ram Pal v. Hon’ble President of India (2007)
Supreme Court held that the exercise of mercy power must not be arbitrary and should follow principles of reasonableness.
Maru Ram v. Union of India (1980)
Supreme Court clarified that the President’s or Governor’s discretion is wide but not absolute, and delays in deciding mercy petitions may violate Article 21 (Right to Life).
Shatrughan Chauhan v. Union of India (2014)
Supreme Court held that undue delay in deciding mercy petitions is a valid ground to commute a death sentence to life imprisonment, as prolonged uncertainty causes psychological trauma (death row phenomenon).
Swamy Shraddananda v. State of Karnataka (2012)
Court emphasized that while mercy petitions are executive remedies, the judiciary can intervene to prevent arbitrariness or violation of human rights.
Significance
Humanitarian Relief: Offers a final safeguard against miscarriages of justice, particularly in death penalty cases.
Executive Discretion: Recognizes the President’s and Governor’s discretion in the interests of justice, society, or mercy.
Judicial Safeguard: Courts ensure the exercise of mercy is not arbitrary, discriminatory, or delayed.
Conclusion
A Mercy Petition is a constitutional mechanism to seek clemency or mitigation of punishment after all judicial remedies are exhausted. It embodies the principles of humanity, justice, and fairness, particularly in cases involving capital punishment. While it is an executive remedy, courts have the authority to review delays, arbitrariness, or unfair exercise of mercy, as seen in cases like Shatrughan Chauhan and Maru Ram.
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