(limiting myself to 250 words max.)
The death penalty is given by the Judiciary for some of the henious crimes committed which the judiciary feels that the guilty should be given the capital punishment. Even thought the capital punishement is scrapped in and violently opposed in some of the countries around the world, we have this in our country still prevailing and more recently, many of the accused in long pending cases were given the death penalty by the supreme court and those verdicts are hailed as “the wheels of courts runs but slowly”! But, taking into consideration, the long time the trails has taken and the changes in the very details of the case and the lifes of the accused and the victims, there has to be some other way, where the Judiciary which takes its own course of law should be overcome with a heart and the situational crisis being considered and here is the Presidential clemency gets its significance. Though the Presidential clemency is not judicial in nature, it some times proves to be a useful tool in the hands of the head of the parliament, as time passes, the accused may remorse him/herself who then may not be rewarded with the capital punishment.
But, to think overboard, it is better, if the capital punishment as such is striked off following the international human rights policies and then there will be no need for a presidential clemency on a whole.
Answer from Shinoj for Topic No: 1
the power of clemency is given to the president by our constitution is only to correct the error of law which may have crept in during any process in the case. death penalty awarded by a lower court is conformed if the supreme court uphelds it.in this case a fool proof study of the whole case is done and death sentence is awarded.so in such a case,if our constitution has given the president of india such a power to overrule a award of a reputed constitutional body,it is only to make sure that such a person who have done such a crime is completely legible to be deprived of his life.so the presidential clemency gives the scope to look into a case with a humane view.so the awarding of such a sentance should continue as long as it is prescribed in the books of law.and if the mercy petition is rejected,execution should obviusly follow.so the constitution of india has made sure that no persons life is taken away easily,that is why the law has prescribed such a long procedure,with ample scope of correction i.e.clemency.hence we respect a persons right to life and the same is deprived by the procedure established by law by adopting a due prcocess of law.so the so the presidential clemency following an death penalty by court is completely justicable both by law and social values.
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