Supreme Court judges say "forgiving nature" in commuting death sentences must end
GS2Polity · Governance · IR· Judiciary & landmark judgments· Mains·
Judicial philosophy and the 'rarest of rare' doctrine: a relevant GS2 topic on criminal justice.
Why in news
Supreme Court judges remarked that the court's 'forgiving nature' in commuting death sentences to life imprisonment must end due to rising crime levels.
Background
A bench comprising Justice Dipankar Datta and Justice Sheel Nagu observed that the 'rarest of rare' doctrine must balance current societal crime levels. The judges cited a specific instance where a convict and later a parolee committed murders, leading to a discussion on the judicial trend of commuting death sentences.
Facts for Prelims
- PostJustice Dipankar Datta and Justice Sheel Nagu are judges of the Supreme Court of India
- FactThe Supreme Court observed that the court's 'forgiving nature' in commuting death sentences is linked to rising crime rates
Prelims practice question
With reference to the judicial observations on death sentences, consider the following statements:
- The court's forgiving nature in commuting death sentences is linked to rising crime rates.
- The judges discussed the trend of commuting death sentences to life imprisonment.
- The 'rarest of rare' doctrine should be applied without considering current societal crime levels.
Which of the statements given above is/are correct?
- (a)2 only
- (b)1 and 2 only
- (c)1 and 3 only
- (d)2 and 3 only
Show answer
Answer: (b) 1 and 2 only — Statements 1 and 2 are correct. Statement 3 is incorrect: The doctrine must balance current societal crime levels.
For Mains
Q. Critically examine the evolution of the 'rarest of rare' doctrine in India and discuss the judicial challenges in balancing retributive justice with human rights.
Dimensions to cover in your answer
- Judicial consistency: Balancing the proportionality of punishment with the evolving nature of societal crime rates
- Doctrine evolution: Shift from individual-centric sentencing to considering broader public safety and crime trends
- Legal friction: Conflict between the right to life and the state's duty to ensure public order
Keywords: rarest of rare · death penalty · judicial activism · commutation · retributive justice · public order
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