Constitution of India and Provisions for Mercy Pleas

The articles 72 and 161 of the Indian Constitution add a human touch to the country’s judicial process by conferring powers on the President and the Governors of various states, respectively to grant pardon or show mercy to criminals sentenced to death. These two articles of the Constitution of India endow the President and the Governor with the power to view the mercy applications of convicts with kindness. They can review the applications without having to view it from a legal angle like that of legal experts who base their opinion solely on the basis of available evidence and the testimony of witnesses.

The powers of the President and the Governor are applicable in these cases:

• where the punishment or sentence is by a court martial.
• the offence is against any law relating to a matter to which the executive power of the union extends.
• where the sentence is a sentence of death.

Constitution of India on Mercy Plea: Time Frame for Acceptance

While these two articles of the Constitution of India provide the President and the Governors to have clemency powers, no time limit is given. The articles have no binding effect on the President and the Governors of State to accept all the mercy petitions. Each application is examined and a decision regarding the grant of mercy is taken after considering the facts of each case, the gravity of the offence and the observations made by the court.

Other factors like the background of the convict and the reasons for seeking mercy are also considered before taking a final decision. The President is, however, bound by the advice of the Union council of ministers while deciding mercy petitions.

Constitution of India on Mercy Plea: Procedure for Filing

Anyone including foreign nationals can send a mercy petition on behalf of a convict on a death row to the President’s Office or the Union Ministry of Home Affairs (MHA). These pleas can also be sent to the governors who send them to the MHA. A convict can also file a mercy petition from jail through the authorities or his family. These petitions can also be sent through email to the President’s office or the Secretariat.

Constitution of India on Mercy Plea: Pending Petitions in India

Currently, there are 28 mercy petitions pending with the Central Government, of which 21 are with the President’s Secretariat and the remaining seven with the President. Some of these petitions have been lying with the government for over a decade. The delay in disposal of these mercy petitions is largely attributable to the lack of action on this front by the previous two Presidents, DR APJ Abdul Kalam and K R Narayanan. While Dr Kalam took a decision on only one mercy plea application and rejected it (the plea of rapist, Dhananjoy Chatterjee, who was thereafter hanged), Mr Narayanan failed to clear even a single mercy petition. The current President, Pratibha Patil has also not taken any decision on this front and her views on death sentence are not known.