Constitutional Validity Of Capital Punishment

Mrinal Bhagat, University Five Year Law College, Rajasthan University

ABSTRACT

The constitutionality of capital punishment in India has been a topic of much debate. This paper examines the validity of the death penalty within the framework of the Indian constitution. It analyzes the various constitutional provisions and Supreme Court judgments related to capital punishment over the years.

The article discusses Article 21 of the constitution which guarantees the right to life and personal liberty and how this fundamental right has been interpreted in relation to the death penalty. It reviews the Supreme Court's stance on the death penalty, including the constitution bench decisions in Bachan Singh v State of Punjab and subsequent cases.

The jurisprudential basis of the death penalty in India has rested on the doctrine of "rarest of rare cases". The paper scrutinizes the application of "rarest of rare" doctrine in awarding death sentences. It also examines whether the death penalty meets the constitutional threshold of being a reasonable, just and fair penalty.

Overall, it aims to provide a comprehensive constitutional assessment of capital punishment in India by analyzing the complex legal and philosophical issues involved. The conclusion weighs in on whether the death penalty is constitutionally valid or if it goes against the spirit of the constitution.