Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
1) What are the different clemency provisions available in India. Discuss. Also discuss what precautions should be taken in deciding the questions of granting clemency to convicts.(250 words)
Why this question
The Rajiv Gandhi assassination case has again been in news. The case involves several legal concepts and provisions. In this context it is essential to discuss different clemency granting provisions available in India. It then wants us to write in detail as to what precautions should be taken in cases involving grant of clemency to convicts.
Discuss- This is an all-encompassing directive which mandates us to write in detail about the key demand of the question. We also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the different clemency provisions available in India. It also wants us to discuss what precautions should be taken in deciding the questions of granting clemency to convicts.
Structure of the answer
Introduction– write a few introductory lines about the pardoning powers and procedure.
- Discuss the different clemency powers available to the President and the governor. Discuss the power of Pardon, Reprieve, Respite, Commute, Remission. Briefly discuss the meaning of each term and how the powers of the governor are different from that of the president.
- Discuss the precautions that ought to be taken while deciding cases involving grant of clemency to convicts. E.g need for a case-by-case evaluation; case must be decided on the basis of legal principles alone; it should be immune from political, religious or any other considerations/ pressures;
Conclusion-sum up your discussion in a few lines and form a fair and a balanced conclusion on the above issue.