Instances of President's delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions ? Analyse.

Status in other countries

• More than 100 countries have abolished death penalty and 40 countries have abolished it in practice.

Constitutional safeguard

• Article 21 provides that state can't take right to life except procedure established by law.

Art. 21 further strengthened by judicial pronouncements -> procedure established by law includes due process of law -> Death sentence to be given in rarest of rare cases.

Governor's pardoning power:- [Art. 161] provides for pardoning power of death sentence to governor in case of any violation of a conviction under any state law which prescribes for death penalty.

Limitations on Governor's pardoning power:-

• Pardoning power only with respect to State government laws.

• No pardoning power if conviction under union law.

• No pardoning power in case of court martials.