Aspect of Mercy petition in India and Judicial Intervention

Aspect of Mercy petition in India and Judicial intervention

As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law. A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.

What is a mercy petition?

Mercy petition is a type of petition which can be filed by an accused to the President asking him to change his order of capital punishment into life imprisonment. It is also called clemency petition/plea or executive clemency.

Mercy Petition can be exercised after all the legal remedies were exhausted. (Legal remedies include all the remedies available under prevailing law and Constitution).

A petition can be filed with the President (under Article 72 of the Indian Constitution) or the governor (under Article 161 of the Constitution).

This provision of pardoning power or mercy towards convicts was first originated in the United Kingdom. Later the concept made its presence in the United States of America, India, Canada, etc.

Procedure to file a mercy petition

The process begin with filing a mercy petition with the President under Article 72 of the Constitution. The petition is then sent to the Ministry of Home Affairs in the Central Government for inspection.

The petition is then discussed by the Home Ministry in deliberation with the concerned State Government.

After the deliberation, suggestion are made by the Home Minister and then the petition is again sent to the President. The advice and suggestions binds the President.

About the Article 72

Article 72 of Indian constitution empowers the President to grant pardons, etc., and to suspend, remit or commute sentences in particular cases.

Thus it state that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

• In all cases where the punishment or sentence is by a Court Martial;
• In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
• In all cases where the sentence is a sentence of death.

Reason to have mercy petition

The option for mercy can result in good conduct by the convict in the prison. This helps in solving the issue of prison discipline so that there should be fewer or no riots by the prisoners and enables effective rehabilitation programme.

Mercy petition adds a human touch to the country’s judicial process. The mercy petition process judges the convict based on humanity and not on legality (concluding judgement based on evidence and witnesses).

Third, Mercy Petition can save an innocent person from being punished due to doubtful conviction or miscarriage of justice. Thus, this process is very significant as it provides an opportunity to correct the errors made during the judicial process.

Fourth, pardoning is provided with the belief that it will serve for better public welfare and for the greater public good.