Clemency and Mercy Petition in the Indian Constitution

Mercy Petition is an idea that is followed in many countries such as the United Kingdom, India, Canada, and the United States of America. The convicts hope they will be pardoned, which compels them to maintain discipline and behave according to the rules of the prison establishments. Everybody has the right to life, and according to Article 21 of the Indian Constitution, it is one of the fundamental rights. Various laws and aspects pertaining to Clemency and Mercy Petition in the Indian Constitution are discussed on this page. We are trying to throw some light on whether a Mercy Petition is an advantage or a disadvantage for convicts in India. We are making a sincere attempt to keep it brief but concise.

Legal Provisions In Correlation To The Mercy Petition

Anyone convicted and given death punishment can also file a Mercy petition within 7 days from when the jail Superintendent informs him that the Supreme Court has rejected his appeal. This is basically the last resort that any accused can have. According to the constitution, a convicted person has the right to get clemency.

A legal provision in correlation is based on the underlying philosophy, the basic mechanism related to the Mercy petition. Every civilised and socialised citizen must recognise that pardoning and forgiving are acts of humanity and graciousness. The Hindu and the ancient Vedic culture also propagate forgiveness as a highly noble act, and someone who can forgive others should be considered in great esteem. Executive clemency or Mercy Petition is being exercised in a lot of countries across the globe. Listed here are a few legal provisions briefly discussed about the Clemency and Mercy Petition in the Indian Constitution and worldwide.

Grounds for Mercy Petition Filing

When a Mercy Petition is filed, the convict must mention the grounds on which he wants mercy. The President must know about this to grant the convicts pardon. The ground on which the mercy petition is filed plays a very important role in releasing the accused by the President’s order. This act is not the convict’s right, and he may not claim it. The grant is clemency or the mercy that is granted based on the financial condition he has, physical fitness, mental fitness, and overall health condition. It also depends on the fact whether he is the sole bread earner of the household.

The President’s Power in Granting the Mercy Petition

When the British ruled, the clemency power was in the British Monarch’s hand. Earlier it was unfettered, unrestricted, and absolute minus judicious scrolling. Gradually, the power came to the Indian Constitution in 1945, when the Government of India Act commenced. 

• The power to pardon was mentioned in section 295. However, in the Government of India Act, there is no section that corresponds to the Indian constitutions article 161 

• The power to pardon is vested with the President of India under Indian Constitutions Article 72. However, the law provision does not influence anybody in the armed forces. Still, the State Governor on parallel lines has also been granted similar power under Indian Constitution article 161

• The Clemency and Mercy Petition in the Indian Constitution is granted by the President with the Home Ministers’ advice. This power extends to all of India. The Indian Provision of Executive Clemency is also known as the Mercy petition. It is based on the US system.  The British based this on the act of forgiving, it has a royal connotation. However, in America, it is a constitutional regime

The President exercises this power under the guidelines and provisions provided in the Indian Constitution. According to the constitution, the Mercy Petition has a very high status. The power to pardon is vested in the hands of judicial authorities, who are believed to serve the greater purpose and in the name of public welfare. The idea is to inflict less punishment than what is granted by the court in the judgement. The power to grant the petition mentioned in article 72 varies depending on the circumstances and the facts pertaining to each individual case that is different.

Conclusion

Without getting any deeper into the present scenario, it would not be wrong to say that this petition should be governed by a few time limits and restricted conditions. The Mercy Petition can act just like a double-edged knife, and it can either be a boon or a bane. It totally depends on the circumstances and the situation. Unnecessary delays and hurdles in the process of approving the petition may cause discomfort not just to the convict but also to the victim. There should be proper policies and time limits to restrict delays in filing and granting the petition.