MAINS 2014
GS2
12.5 marks
Instances of President’s delay in commuting death sentences have come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse.
WRITE IN
9 min
200 words
What the examiner wants
Analyse whether a time limit should bind the President in deciding mercy petitions against death sentences.
AnalyseBreak it into parts, show how the parts connect, and judge which matter most.
Demand-wise check
- 1Context: Art 72 power exercised on advice of the Council of Ministers; long delays cause 'death row phenomenon' and mental agony≈35 words
- 2For time limit: delay violates Art 21, uncertainty for victims' families, courts commuting sentences due to delay≈35 words
- 3Against fixed limit: complex petitions, executive discretion, separation of powers, constitution sets no limit≈35 words
- 4Middle path: procedural deadlines for MHA and states, judicial review of unexplained delay, guidelines≈35 words
Open in about 30 words and close in about 30.
Answer plan
Art 72 and its natureProblem of delay with casesArguments for and against limitSuggested mechanismConclusion
Where marks usually go
- Not mentioning that the President acts on ministerial advice
- No reference to Shatrughan Chauhan
Draw this
- Flowchart of mercy petition: convict → Governor → MHA → President → judicial review
Value addition
- CaseShatrughan Chauhan v Union of India (2014): inordinate, unexplained delay in deciding mercy petitions is a ground to commute death sentence; 15 sentences commuted.Supreme Court, 2014
- CaseEpuru Sudhakar v State of AP (2006): pardon decisions are open to limited judicial review for mala fides or irrelevant considerations.Supreme Court, 2006
- ReportLaw Commission 262nd Report (2015) recommended abolishing the death penalty except for terrorism and waging war.Law Commission, 2015
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Abhishek Singh · Page 11 ↗Reviewed PYQ reference
Links open original public sources. MainsBuddy does not host these answer sheets.
Next: plan for one minute, write it in 9 minutes, then get it checked.